Khader Hussain Allaudeen v. M/S.Phoenix Asset Reconstructi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.SUNDAR O.P.No.139 of 2014 and A.No.9070 of 2018 Khader Hussai Allaudeen S/o.Allaudeen, Flat No.A, Vasantham Apartments, No.55/25, Appadurai 1st street, Aynavaram, Chennai - 600 003.

... Petitioner Vs.

1.M/s.Phoenix Asset Reconstruction Company Pvt. Ltd, Having its Registered Office at 7th Floor, Dani Corporate Office at Santacruz (E), 158, C.S.T. Road, Kalina, Santacruz (E) Mumbai - 400 098 acting in its capacity, as the trustee of Phoenix Trust FY 13-1 Scheme C

2. Prakash Kashinath Hushing, Sole Arbitrator, Shop No.4, Durgachaya Apartments, Navghar 1st Lane, Mulund (East) Mumbai - 400 081.

... Respondents Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside the Award dated 30.12.2013 passed by the 2nd respondent, the Sole Arbitrator in Arbitration Proceedings No.PHONEIXBARCLAYS/PL/LOTS/20 of 2013. For Petitioner : Mr.T.K.S.Gandhi For Respondent : Mr.S.Namasivayam

O R D E R

Learned counsel on both sides submitted that the parties at lis have arrived at a settlement and have filed a joint memo dated 01.04.2019, which reads as follows:

'JOINT MEMO The petitioner and the Respondent humbly submit that the dispute with regard to Original Petition 139 of 2014 has been settled and the parties have decided to reduce the same into writing by way of a Settlement Writing duly signed by both the Parties. The same is filed along with this Memo. In light of this submission, the parties humbly pray that this Memo may be taken on file and orders may be passed in the interest of justice and thus render justice.

Dated at Chennai on this the 1st of April 2019. Sd/- Sd/- COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS'

2.The joint memo has been duly signed by learned counsel on both sides.

3.Both sides made a request that the joint memo may please be recorded and the Original Petition may be closed. 4.In the light of this common request, aforesaid joint memo is

recorded and instant Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

01.04.2019 Index: Yes/No Internet : Yes gya/mp

M.SUNDAR, J.

gya O.P.No.139 of 2014 AND A.No.9070 of 2018 01.04.2019