Madras High CourtOP/705/2015disposed of in memo of compromise

Saraswathi v. M/S.Mahindra & Mahindra

2018-08-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 03rd DAY OF AUGUST 2018 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.705 of 2015

1. Mrs.Saraswathi,

2. Chinna Durai, 1 & 2 are residing at 135, Jawahar Street, Thevar Nagar Padi, Chennai-600 050.

... Petitioners -Versus1. M/s.Mahindra & Mahindra Finance Service Ltd., Old No.13, New No.3, 19th Street, 'B' Block, Anna Nagar West, Chennai-600 102.

2. A.Srinivasan, Arbitrator, No.121/3, Flat 4, Baba Foundation, N.T.R.Street, Rangarajapuram, Kodambakkam, Chennai-600 024.

3. Pannerselvam, No.27, Jaganathan Nagar, 1st Main Road, Arumbakkam, Chennai, Tamil Nadu-600 106.

... Respondents Original Petition praying that this Hon'ble Court be pleased to set aside the award passed by the sole arbitrator Mr.A.Srinivasan in arbitral award REF. No.10KNPA-ARB-AS: 828 of 2012, dated 26.04.2013 and the consequential execution proceedings in E.P. No.2123 of 2015 on the file of IX Assistant Judge, City Civil Court at Chennai.

This Original Petition coming on this day before this court for hearing in the presence of Mr.S.Sundaresan, advocate for the petitioners herein and Mr.A.Prabakaran, advocate for the 1st respondent herein and the 3rd

respondent herein not appearing in person or by advocate and upon reading the petition filed herein and the joint memo of compromise signed by the petitioners and the respondents herein and their respective advocates and the said advocates for the parties hereto praying this court to pass an order in terms of the joint memo of compromise more fully set out in the schedule hereunder and this court doth recording the same, it is ordered and decreed as follows:- That the petitioners herein are willing to pay Rs.25,000/- (Rupees twenty five thousand only) in two installments and the 1st respondent has accepted to the same.

2. That the Petitioners 1 & 2 herein, shall pay Rs.25,000/- (Rupees twenty five thousand only) by way of demand draft in favour of 1st respondent in two installments one on 20th August 2018 and another on 20th September 2018.

3. That there shall be no order as to costs.

SCHEDULE Joint Memo of Compromise

KLY 14.08.2018 O.P. No.705 of 2015 ORDER:

DATED: 03.08.2018 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL:03/09/2018 APPROVED ON:03/09/2018