M/S Css Enterprises v. M/S Telecommunication

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(N.P.D.) Nos.613 and 614 of 2012 M/s.CSS Enterprises, represented by its Proprietor P.Shanmugam : Petitioners versus M/s.Telecommunication Consultants India Ltd., represented by Senior G.M.

Chennai : Respondent PRAYER: Revision filed against the order and decretal order dated 22.01.2011 in I.A.Nos.190 and 191 of 2011 in O.S.No.10053 of 2010 on the file of the VI Additional Judge, City Civil Court, Chennai. For petitioner :: Mr.P.K.Harinath Babu For respondents :: Ms.R.Rathina Thara COMMON ORDER These two revisions are directed against the order dated 22 January 2011 in I.A.Nos.190 and 191 of 2011 in O.S.No.10053 of 2009 on the file of the VI Additional Judge, City Civil Court, Chennai, referring the parties to

the dispute to the sole arbitrator to be appointed by the respondent. There was a further direction to the respondent to pay a sum of Rs.1,43,250/- to the petitioner subject to the award to be passed by the Arbitrator.

2. When the revision petitions were taken up for hearing, the learned counsel for the respondent submitted that the respondent would appoint the arbitrator pursuant to the order dated 22 January 2011 within a period of thirty days. The learned counsel further submitted that the respondent would comply with the interim direction to pay a sum of Rs.1,43,250/- to the petitioner within a period of thirty days. The learned counsel for the petitioner on instructions, submitted that he is also agreeable for such a course. In view of the consensus arrived at by the parties, nothing survives for adjudication in these revision petitions.

3. The respondent is directed to appoint an arbitrator within a period of thirty days from the date of receipt of a copy of this order. There shall be a further direction to the respondent to pay a sum of Rs.1,43,250/- to the petitioner, subject to the award to be passed by the Arbitrator.

4. It is needless to point out that the arbitrator shall conduct the proceedings in accordance with law, meaning thereby, giving opportunity to the parties to adduce evidence to prove their respective stand.

5. The civil revision petitions are disposed of as indicated above. No costs.

15.06.2017 Index:Yes/no tar To The VI Additional Judge, City Civil Court, Chennai. Office to note:- Issue order copy by 16.06.2017

K.K.SASIDHARAN, J.

(tar) C.R.P.(N.P.D.) Nos.613 and 614 of 2012 15.06.2017 http://www.judis.nic.in