Mr.K.Alvin v. Mr.S.Arumugasamy

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR Arb. O.P. (Com.Div.) No.126 of 2021 1.K.Alvin 2.K.Ayyappan 3.G.Ramakrishnan 4.R.S.Rajkumar ... Petitioners Vs.

1.S.Arumugasamy 2.L.Muthuraj ... Respondents Petition filed under Section 11 (3) of The Arbitration and Conciliation Act, 1996 as amended by Act, 2019 praying to appoint a arbitrator(s) to decide the disputes and differences between the petitioners and respondents in respect of partnership firm "VRAA & Co" constituted vide partnership deed dated 11.10.2018. For Petitioners : Ms.Revathi Manivannan For Respondents : Mr.S.Thirumavalavan

ORDER

Ms.Revathi Manivannan, learned counsel for petitioners submits that she has instructions from petitioners to withdraw the captioned Arb. OP. Learned counsel has made an endorsement in the case file which reads as follows:

'I may be permitted to withdraw Arb.O.P.No.126/2021 with liberty to file the petition for appointment of Arbitrator with respect to the Partnership Agreement dated 11.10.18 at a later point of time.'

2. Learned counsel reiterates the aforementioned endorsement in the hearing.

3. Learned counsel also makes a request that the rights of the petitioners to come up with similar/same prayer if the need arises may please be preserved. Request acceded to.

4. In the light of the endorsement and reiteration of the same in the hearing, captioned Arb.OP is disposed of as withdrawn albeit preserving the rights of the petitioners in the aforesaid manner. There

shall be no order as to costs.

16.03.2022 mmi

M.SUNDAR,J., mmi Arb. O.P. (Com.Div.) No.126 of 2021 16.03.2022