Mr.Biju Jhon v. Mr.Vineent Rai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.06.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR Mr.Biju John S/o.Mr.John Rose residing at No.5/55, Santhi Nikethan Ottapilavilai, Puthukadai Post Kanyakumari District - 629 171 and Partner of M/s.Parambariyam Southern Dining Restaurant No.36, "THASOR PENIAL", I Floor Cape Road, Vepamoodu Junction Nagercoil, Kanyakumari District - 629 001.

... Petitioner vs.

Mr.D.Vineent Rai S/o.Devasahayam No.8/89C, Paduvoor, Palapallam Post Kanyakumari District - 629 159 and Partner of M/s.Parambariyam Southern Dining Restaurant No.36, "THASOR PENIAL", I Floor Cape Road, Vepamoodu Junction Nagercoil, Kanyakumari District - 629 001.

... Respondent 1/4

Prayer:

Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to (a) Appoint an Arbitrator to adjudicate the disputes between the petitioner and respondent in terms of the arbitration agreement dated 07.06.2019;

(b) Direct the respondent to pay the costs;

For petitioner :

Mr.A.M.Natraj

O R D E R

Mr.A.M.Natraj, learned counsel on record very fairly points out that a typographical error has inadvertently crept into the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] i.e., name of respondent being misspelt. Learned counsel requests for leave of this Court to withdraw the captioned Arb OP and makes a plea to preserve all the rights of petitioner to come up with a same/similar prayer qua same cause of action.

2/4

2. Learned counsel has also made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. In the light of the narrative thus far, the aforementioned request is acceded to.

4. Captioned Arb OP is disposed of as withdrawn/closed albeit preserving all the rights of the petitioner in the aforesaid manner. There shall be no order as to costs.

28.06.2022 Speaking/Non-speaking order Index : Yes / No mk M.SUNDAR. J., 3/4

mk 28.06.2022 4/4