M/S.Aarkays Consultants, Rep. By Its Properietor Mr.R.Krishnamurthy, v. M/S.Nittsu Logistics (India) Pvt Ltd, Rep.By Its Authorized Representative, S.Sankaralingam,
A.No.3030 of 2022 in A.No.1535 of 2022 in O.P.No.358 of 2021 and A.No.1828 of 2021 in O.P.No.358 of 2021 M.SUNDAR, J., This common order will now dispose of the captioned two applications.
2. 'O.P.No.358 of 2021' [hereinafter 'main OP' for the sake of convenience] was filed under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)' [hereinafter 'A and C Act' for the sake of brevity, convenience and clarity] assailing an arbitral award dated 13.02.2020 vide Arbitration Case No.238 of 2017 made by an Arbitral Tribunal constituted by a sole Arbitrator.
3. Aforementioned main OP was dismissed after full contest by a Hon'ble single Judge of this Court in and by a detailed order dated 16.11.2021 and the same was subsequently clarified vide an order dated 04.02.2022 when the main OP was listed under the caption 'FOR BEING MENTIONED'.
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4. To be noted, captioned A.No.1828 of 2021 was taken out along with main OP with a prayer for interim stay. Technically, it stood extinguished on 16.11.2021 / 04.02.2022 when the main OP was dismissed but a formal order was not made. Therefore, A.No.1828 of 2021 is shown in the cause list today as this application is technically pending. In any event, this application will also now be disposed of by this common order.
5. Reverting to the narrative, post dismissal of the main OP, the award holder / applicant took out a payment out application in A.No.1535 of 2022 and orders were made in the same by this Court on 08.06.2022. Thereafter, the award holder / applicant came up with captioned A.No.3030 of 2022 with a prayer to modify this 08.06.2022 order in A.No.1535 of 2022.
6. It is at the above stage that the captioned matter was referred to mediation at the instance of both sides. To be noted, mediation was by 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' ['TNMCC' for the sake of brevity]. Today, TNMCC has sent a mediation report dated 08.07.2023 saying that mediation has been completed and Page Nos.2/10
agreement has been enclosed. To be noted, agreement dated 05.06.2023 is enclosed to the Mediation report.
7. A scanned reproduction of mediation report and agreement are as follows:
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8. Today, Ms.Pooja, learned counsel of M/s.Giridhar and Sai (Law Firm) for the applicant in A.No.3030 of 2022 and Ms.Monicka, learned counsel representing Mr.NRR.Arun Natarajan, learned counsel for respondent in A.No.3030 of 2022 are before this Court.
9. Adverting to the aforementioned mediation report and annexed Page Nos.7/10
agreement dated 05.06.2023 captioned / styled 'Memorandum of Settlement', both aforementioned learned counsel submit that as regards Rs.34.75 Lakhs which has been crystallized as full and final settlement, Rs.4.75 Lakhs has already been paid and both counsel request for payment out order for the remaining Rs.30 Lakhs which is lying to the credit of main OP. As regards execution petition namely, E.P.No.2229 of 2021 on the file of the XXV Assistant Judge's Court, City Civil Court, Allikulam, Chennai, this Court is informed that the same has since been closed. This submission is recorded.
10. In the light of the narrative thus far, the following order is made: (a) A.No.3030 of 2022 is disposed of in terms of aforementioned agreement dated 05.06.2023 styled / captioned 'Memorandum of Settlement' which shall be annexed to this order and which shall form part of this order; (b) Rs.30 Lakhs lying to the credit of main OP i.e., O.P.No.358 of 2021 is ordered to be paid out subject to following normal operating procedures and statutory deductions, if any. To be noted, this Court is informed that this sum of Rs.30 Lakhs is lying in a non-interest bearing account Page Nos.8/10
in the Registry of this Court to the credit of main OP i.e., O.P.No.358 of 2021. As payment out was already taken out and ordered and also owing to settlement that has been arrived at by the parties by way of mediation, Registry to process the payment out without insisting on a separate payment out application;
(c) Termination of E.P.No.2229 of 2021 on the file of the XXV Assistant Judge's Court, City Civil Court, Allikulam is recorded;
11. In the light of the narrative thus far, A.No.1828 of 2021 is disposed of as closed.
12. Both applications i.e., A.No.3030 of 2022 and A.No.1828 of 2021 are disposed of in the aforementioned manner. There shall be no order as to costs.
08.08.2023 mk M.SUNDAR, J., Page Nos.9/10
mk A.No.3030 of 2022 in A.No.1535 of 2022 in O.P.No.358 of 2021 and A.No.1828 of 2021 in O.P.No.358 of 2021 08.08.2023 Page Nos.10/10