Cognizant Technologysolutions v. H.Ebrahim Sha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR C.R.P.[PD] No.1290 of 2016 and C.M.P.Nos.7595 and 7220 of 2016 Cognizant Technology Solutions India Private Limited F & B / Facility Administration Team, Branch Office at:Plot No.A-15 to 17, A-3, Phase I & II & Plot No.D2,C10 & C1, MEPZ of Commerce and Industry Government of India, NH-45, Tambaram, Chennai 45 ... Petitioner Vs H.Ebrahim Sha, Director Hotel Virudhunagar, Rep by its Proprietor H.Ibrahim Sha ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of interim injunction passed in I.A.No.443 of 2016 in O.S.No.89 of 2016 on the file of the District Munsif Court, Tambaram dated 15.04.2016 and praying to set aside the same. For Petitioner : Mr.P.S.Raman, Senior Counsel for M/s.Fox Mandal and Associates For Respondent: Mr.P.Willson, Senior Counsel for Mr.Elambharathi

O R D E R

Mr.P.S.Raman, learned senior counsel appearing on behalf of the learned counsel on record for the revision petitioner, on instruction, submits that I.A.No.467 of 2016 in O.S.No.89 of 2016 on the file of the Court of District Munsif, Tambaram filed under section 8 of the Arbitration and Conciliation Act, 1996 has been allowed by the trial Court and the suit itself has been terminated referring to Order VII Rule 11 C.P.C. Learned senior counsel submits that though the reference to Order VII Rule 11 may not be proper, the result of allowing the application under Section 8 of the Arbitration and Conciliation Act, 1996 shall be termination of the suit, directing the parties to go for Arbitration in accordance with the Arbitration agreement and that in view of the same, nothing survives in the Civil Revision petition and the same has become infructuous. 2.

An endorsement to that effect has also been made. Endorsement is recorded and the Civil Revision Petition is dismissed as withdrawn. However, as requested by Mr.P.Willson, learned senior counsel representing Mr.Elambharathi, learned counsel on record for the respondent, it is hereby observed that the order referring the matter for Arbitration shall not come in the way of the parties sitting

together and negotiating for an amicable settlement. No costs. Consequently, connected miscellaneous petition is closed. 29.04.2016 Index: Yes/No Internet: yes/No srn To The Principal District Munsif, Poonamallee

P.R.SHIVAKUMAR, J srn C.R.P.[PD] No.1290 of 2016 and C.M.P.Nos.7595 and 7220 of 2016 29.04.2016