R Srinivasan, S/O. Rathinasamy Nadar, v. R Lenin, S/O. A.Rathinasamy,

A.No.4127 of 2022 A.No.4127 of 2022 in O.P.No.146 of 2021 SENTHILKUMAR RAMAMOORTHY, J.

The applicant had filed O.P.No.146 of 2021 to assail an arbitral award dated 28.02.2020. As a condition for the grant of interim stay, the applicant / petitioner was directed to deposit a sum of Rs.5,00,000/- to the credit of the O.P. In compliance, the said deposit was made. Thereafter, the parties settled the dispute and O.P.No.146 of 2021 was disposed of as withdrawn / closed by order dated 30.06.2022. Pursuant thereto, the present application is filed to permit the applicant to withdraw the amount lying in fixed deposit along with interest accruals thereon.

2. On instructions, learned counsel for the first respondent states that the said respondent has no objection to the amount being paid to the applicant. The said concession is made without prejudice to the objections of the first respondent on the merits of the challenge to the award. The second respondent is the partnership firm of which the applicant and the first respondent are the only partners.

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A.No.4127 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

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3. In the above circumstances, this application is liable to be and is allowed by directing the Registry to take necessary steps to enable the encashment of the fixed deposit created in favour of the Registrar General of this Court and for the payment of the proceeds thereof along with interest accruals to the applicant.

11.10.2022 rna A.No.4127 of 2022 in O.P.No.146 of 2021 2/2 https://www.mhc.tn.gov.in/judis