Yes & Yes Hi Tech Promoters v. Shri Kannan Departmental

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM C.M.A.No.1319 of 2013 and M.P.No.1 of 2013 Yes & Yes Hi-Tech Promoters India (P) Ltd., Rep. By its Managing Director, Mr.D.Shanmugam, No.14-A, Sakthi Road, Soolai, Erode - 638 004.

... Appellant/1st Respondent/Claimant Vs.

1. Shri Kannan Departmental Stores (P) Ltd., Rep. by its Chairman/Managing Director, Dhanushkaran, Administrative Office, Ramnagar, Coimbatore - 641 001.

2. M/s. VSL India Private Ltd., Rep. by its Managing Director, No.36, Annai Indra Nagar, Thuraipakkam, Old Mahabalipuram, Chennai - 600 096.

Now having new office address at 602-B, 6th Floor, Campus 4B, RMZ Millenia Business Park, 143, Dr.M.G.R. Road, Kandanchavadi, Perungudi, Chennai - 600 096.

3. The Arbitral Tribunal, Rep. by its Arbitrator, N.J.R.Jagadish No.309, Variety Hall Road, Coimbatore - 641 001.

... Respondents/2nd Respondent/2nd Respondent

Prayer: Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996, against the order passed in Arbitration Original Petition No.156 of 2010, dated 18.09.2012 on the file of the Principal District Judge, Coimbatore, thereby, allowing the above Arbitration Original Petition and consequently setting aside the award passed by the third respondent (Sole Arbitrator) dated 23.03.2010. For Appellant : Mr.M.Guruprasad For R-1 : Mr.A.Thiyagarajan For RR-2 & 3 : Notice served. No Appearance - - - - -

JUDGMENT

Learned counsel appearing for the appellant seeks permission of this Court to withdraw the appeal and he has also made an endorsement to that effect in the petition.

2. Recording the endorsement made by the learned counsel appearing for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to approach the appropriate Forum, according to law. Consequently, the connected miscellaneous petition is closed. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar jrl To

1. The Principal District Judge, Coimbatore.

2. The Arbitrator, The Arbitral Tribunal, N.J.R.Jagadish No.309, Variety Hall Road, Coimbatore - 641 001.

3. The Section Officer VR Section High Court Madras

+1 cc to M/s.A.Thiyagarajan Advocate sr 63398 +1 cc to M/s.M.Guruprasad Advocate sr 63469 C.M.A.No.1319 of 2013 cnr(co) aa02/12/2016