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Madras High CourtOP/693/2019dismissed as settled out of court

Sathyaam Steel Rep By Its Proprietor Braham Pal Singh v. M/S. Sheree Ram City Union Finance Company

2021-08-05Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY THE 05TH DAY OF AUGUST 2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR O.P.NO.693 of 2019 And A.NO.6602 OF 2019 O.P.NO.693 And A.No.6602 of 2019:- In the matter of Arbitration and Concilition Act, 1996.

And In the matter of setting - aside exparte Award dated 23.04.2019 in Arbitration Case No.ACP(SCUF) No.171 of 2018 In the matter of:

1. M/s.Satyam Steel, through its, Proprietor Braham Pal Singh, FCA 3938,SGM nagar, NIT, Faridabad-121 001.

2. Braham Pal Singh, S/o.Shri Kharag Singh,

3. Mrs.Raj Bala, W/o.Shri Braham Pal Singh,

4. Love Kumar Bhali, S/o.Braham Pal Singh, 2 to 4 are residing at:

R/o.House No.1341, Sector-21D, Faridabad.

...Applicants/Petitioners Vs

M/s.Shree Ram City Union finance Company, 3rd Floor, Meenakshi Towers, Rajamannar Street, T.Nagar, Chennai - 600 017.

land Mark-(Ramakrishna School Ground)

...Respondent/Respondent

O.P.NO.693 of 2019:- Original Petition praying that this Hon'ble Court be pleased to grant an order that the impugned award dated 23.04.2019 in Arbitration Case No. Case No.ACP(SCUF) No. 171 of 2018 entitled "M/s.Shree Ram City Union Finance Company & Ors Versus M/s.Satyam Steel & Ors passed by Shri D.Saravanan, Sole Arbitrator, may kindly be set aside and reversed.

A.No.6602 of 2019:- Application praying that this Hon'ble Court be pleased to stay the operation of the impugned award dated 23.04.2019 passed by the Sole Arbitrator in Arbitration Case No.ACP(SCUF) No.171 of 2018; This Original Petition along with the application coming on this day before this court for hearing in the presence of Ms.Lilly Francis for Mr.Jose Johan for M/s.King and Partridge, Advocates for the Petitioners in O.P.No.693 of 2019 and for the applicants in A.No..6602 of 2019 and Ms.Pooja Damodharan, for Mr.K.Moorthy, Advocates for the respondent in O.P.No.693 of 2019 and A.No.6602 of 2019 and upon reading the

petition and the award dated 23.04.2019 filed in O.P.No.693 of 2019 and the Judge's Summons and the affidavit of Braham Pal Singh filed filed in A.No.6602 of 2019 and the learned counsel for either side submitted that the loan amount has been paid and the matter has been settled between the parties, and this court doth recording the same, it is ordered as follows:- That the O.P.No.693 of 2019, be and is hereby dismissed as settled out of court.

2. That the A.No.6602 of 2019 do stand closed.

3. That there shall be no costs.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 05TH DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (O.S. II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

VSP 29/09/2021 O.P.No.693 of 2019 And A.No.6602 of 2019

ORDER

DATED :05.08.2021 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR FOR APPROVAL:05/10/2021 APPROVED ON:05/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 05.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR O.P.No. 693 of 2019 and Application No.6602 of 2019 1.M/s.Satyam Steel, through its Proprietor Braham Pal Singh FCA 3938, SGM Nagar, NIT, Faridabad-121001 2.Braham Pal Singh 3.Mrs. Raj Bala

4. Love Kumar Bhati . . . Petitioners

Versus

M/s.Shree Ram City Union Finance Company, 3rd Floor, Meenakshi Towers, Rajamannar Street, T.Nagar, Chennai - 600 017.

Land Mark - (Ramakrishna School Ground) . . . Respondent PRAYER : Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 23.04.2019 passed by the learned sole Arbitrator in Arbitration Case NO.ACP(SCUF) No.171 of 2018 entitled "M/s.Shree Ram City Union Finance Company and Ors Versus M/s.Satyam Steel & Ors. By Shri D.Saravanan, Sole Arbitrator may kindly be set aside.

For Petitioners : Ms.Lilly Francis for Mr.Jose Johan for M/s.King and Partridge For Respondent : Ms.Pooja Damodharan for Mr.K.Moorthy

ORDER

This original petition has been filed to set aside the award dated 23.04.2019 passed by the learned sole Arbitrator. 2.When the matter was taken up today, the learned counsel appearing on either side submitted that the loan amount has been paid and the matter has been settled between the parties.

3. Recording the above submission, this original petition is dismissed as settled out of Court. No cost. Consequently, connected application is closed.

Sd./-N.S.K.J 05.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.