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Madras High CourtOP/413/2016dismissed as withdrawal

Bharat Petroleum Corporation v. M/S.Srinivasa Rao & Co.,

2021-07-22Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 2ND DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR In the matter of Arbitration and Conciliation Act, 1996 AND In the matter of Disputes between M/s.

Srinivasa Rao & Co. Hyderabad and M/s.

Bharat Petroleum Corporation Ltd., dated 23.03.2011.

Bharat Petroleum Corporation Ltd., Deputy General Manager (E&P) South, No.1, Ranganathan Gardens, Off 11th Main Road, Anna Nagar, Chennai-600 040. ... Petitioner -VersusM/s.Srinivasa Rao & Co., Engineers & Contractors, Rep.by its Proprietor, Sri. Y. Dhananjaya, S/o. Y. Pitchaia, 4-404, Divyashakthi Apartments, Ameerpet, Hyderabad-500 016, Andhra Pradesh. ... Respondent Original Petition praying that this Hon'ble Court be pleased to set aside the award dated 02.02.2016 passed by the 2nd respondent herein and received by the Office of the Corporation on 09.02.2016. This Original Petition having been heard on 22.07.2021 in the

presence of Mr.O.S. Karthikeyan Advocate for the petitioner herein and Mr.N. Jayakumar Advocate for the respondent herein and upon reading the petition and the award dated 02.02.2016 filed herein and having considered and the judgement delivered on the same day and coming on this day before this court 'for being mentioned' in the presence of said advocates for the parties hereto and the learned counsel for the petitioner appearing through video conferencing and sought permission of this court to withdraw the original petition with liberty to approch the concerned court, it is ordered as follows:- That the O.P.No. 413 of 2016, be and is hereby dismissed as withdrawn.

2) That the petitioner herein, shall be at liberty to approch the concerned juridiction court as per law.

WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 02ND DAY OF AUGUST 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

NS 06.09.2021

ORDER

DATED 02/08/2021 22/07/2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 09/09/2021 APPROVED ON: 09/09/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 2ND DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR In the matter of Arbitration and Conciliation Act, 1996 AND In the matter of Disputes between M/s.

Srinivasa Rao & Co. Hyderabad and M/s.

Bharat Petroleum Corporation Ltd., dated 23.03.2011.

Bharat Petroleum Corporation Ltd., Deputy General Manager (E&P) South, No.1, Ranganathan Gardens, Off 11th Main Road, Anna Nagar, Chennai-600 040. ... Petitioner -VersusM/s.Srinivasa Rao & Co., Engineers & Contractors, Rep.by its Proprietor, Sri. Y. Dhananjaya, S/o. Y. Pitchaia, 4-404, Divyashakthi Apartments, Ameerpet, Hyderabad-500 016, Andhra Pradesh.

... Respondent Original Petition praying that this Hon'ble Court be pleased to set aside the award dated 02.02.2016 passed by the 2nd respondent herein and

received by the Office of the Corporation on 09.02.2016. This Original Petition coming on this day before this Court for hearing the court made the following order.

This matter is taken up for hearing under the caption "For Being Mentioned".

2. Today, when the matter taken up for hearing, learned counsel for the petitioner submitted that the petitioner has sought permission of this court to withdraw original petitions with liberty to approach the concerned court. But, liberty has been omitted to be typed in the order passed in Original Petitions. Hence, for modifying the said order, now the Original Petitions are posted today.

3. I have considered the submissions and verified the order.

4. Considering the facts, the Registry is directed to modify the order as follows :- "The learned counsel appearing for the petitioner appeared through video conferencing and sought permission of this court to withdraw these Original Petitions with liberty to approach the concerned court.

2. In view of the submission of the learned counsel appearing for the petitioner, these Original Petitions are dismissed as withdrawn with liberty to the petitioner to approach the concerned jurisdiction court as per law." Sd/- N.S.K.J.

02/08/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.