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Madras High CourtOP/62/2016dismissed for default

M/S.Aricel Cellular Ltd., v. M/S.Selkan Consulting Pvt Ltd

2021-09-15Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 15TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR O.P.No.62 of 2016 a n d In the matter of Arbitration and Conciliation Act, 1996 BETWEEN M/s. Aircel Cellular Ltd Represented by its Strategic Unit Head . . . Petitioner

Versus

1. M/s. Selkan Consulting Pvt Ltd Rep by one of its Director . . . Respondents O.P. No.62 of 2016 Original petition praying that this Hon'ble Court be pleased to set aside the Arbitration Award dated 6/6/2015 passed by the second respondent.

M/s. Selkan Consulting Pvt Ltd Rep by one of its Director . . . Petitioner

Versus

1. M/s. Aircel Cellular Ltd Represented by its Strategic Unit Head . . . Respondents Application praying that this Hon'ble Court be pleased to pass and order permitting the Applicant to withdraw a sum of Rs. 49,08,239/- (Rupees Forty Nine Lakhs Eight Thousand Two Hundred and Thirty Nine Only) Which amount is lying in the credit of the petition in O.P.No. 62 of 2016, pending disposal of the main petition and thus render justice. This Original Petition along with the application coming on this day before this court for hearing through Video Conferencing in the presence of Rathina Asohan, advocate for the first respondent in O.P.No. 62 of 2016 and for the applicant in A.No. 1013 of 2016 and the petitioner/1st respondent herein not appearing in person or by an Advocate and upon

reading the petition and the award dated 06/06/2015 filed in O.P.No. 62 of 2016 and the order dated 14/03/2016 made in A.No, 1013 of 2016 and this court having observed that no representation was made on behalf of the petitioner, since the matter is pending from the year 2016 and it is ordered as follows:- That the O.P. No.62 of 2016 be and is hereby dismissed for default.

2. That the A.No. 1013 of 2016 do stand closed. WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 15TH DAY OF SEPTEMBER 2021 Sd/- ASSISTANT REGISTRAR (OS 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 09.11.2021 O.P. No.62 of 2016 and A.No. 1013 of 2016

ORDER

DATED 15/09/2021 THE HON'BLE MR. JUSTICE N. SATHISH KUMAR FOR APPROVAL: 28/12/2021 APPROVED ON: 28/12/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15/9/2021 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR O.P.No.62 of 2016 a n d M/s. Aircel Cellular Ltd rep by its Strategic Unit Head

...Petitioner

Vs

1. M/s. Selkan Consulting Pvt Ltd rep by one of its Director

...Respondents

PRAYER : Petition filed under Section 34 (2) (a) of the Arbitration and Conciliation Act, 1996, to set aside the Arbitration Award dated 6/6/2015 passed by the second respondent.

For Petitioner ...

No appearance For respondents ...

Mr.Rathina Asohan - - - - - -

O R D E R

This Original Petition has been filed to set aside the Arbitration Award dated 6/6/2015 passed by the second respondent.

2. Today, when the matter was taken up for hearing through Video Conferencing, no representation was made on behalf of the petitioner.

3. Since this matter is pending from the year 2016, this Original Petition is dismissed for default. Consequently, Application No.1013 of 2016 is closed.

Sd/- N.S.K.J.

15/09/2021 //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.