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Madras High CourtA/3372/2023disposed of

V.Jayakumar v. Teleperformance Business Services India Ltd.,

2023-08-11Honourable Mr Justice Abdul Quddhose4 pages

in Arb. O.P. (Com. Div.) D. No.123207 of 2022 ABDUL QUDDHOSE, J.

1. V. Jayakumar and another ..

Applicants vs.

Teleperformance Business Services India Ltd.

...

Respondent - - - - - This application has been filed aggrieved by the order of the learned Master, dated 30.03.2023 passed in A. No.1747 of 2023 in Arb O.P. (Com. Div.) Diary No.123207 of 2022.

2. The learned Master under the impugned order has allowed the application on condition that the applicant pays a cost of Rs.15,000/- to the Hon'ble Chief Justice Relief Fund, within a period of four weeks.

3. Application viz., A. No.1747 of 2023 was filed by the applicants before the learned Master seeking to condone the delay of 69 days in representing the Original Petition filed by the applicants under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside an Arbitral Award.

4. The learned counsel for the applicants would now submit that 1/4

the applicants are now willing to pay the cost of Rs.15,000/- to the Hon'ble Chief Justice Relief Fund, as directed by the learned Master in A. No.1747 of 2023, within a period of one week from the date of receipt of a copy of this order. The said undertaking given by the applicants are recorded.

5. Since the applicants have undertaken to pay the cost of Rs.15,000/- as directed by the learned Master under the impugned order, nothing survives for further adjudication in this application.

6. The learned counsel for the respondent has also not raised any serious objection, if based on the undertaking given by the applicant, this application is disposed of.

7. In terms of the undertaking given by the learned counsel for the applicants on instructions that the applicants shall pay the cost of Rs.15,000/- (Rupees fifteen thousand only) to the Hon'ble Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order, this application is disposed of. 2/4

8. Registry shall number the original petition filed by the applicants under Section 34 of the Arbitration and Conciliation Act, 1996 if the same is otherwise in order after satisfying itself that the cost of Rs.15,000/- has been paid by the applicants to the Hon'ble Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order.

9. On numbering the original petition, Registry shall list the same for admission before this Court by printing the name of the learned counsel for the respondent.

10. The learned counsel for the petitioners is directed to serve copies of papers on the respondent counsel, once the O.P. is numbered. 11.08.2023 vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 in Arb. O.P. (Com. Div.) D. No.123207 of 2022 11.08.2023 4/4