M/S Vascon Engineers Ltd, Represented By Its Authorised Signatory Mr.S.Padmanaban v. M/S Pnr Housing Ltd, Represented By Its Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and Arb.O.P (Com.Div.) No. 645 2022 Arb.O.P (Com.Div.) No. 4 of 2021:- M/s. VASCON Engineers Ltd.

Represented by its Authorized Signatory Mr. S.Padmanaban SF No. 555/1, Udayampalayam Road (Hindustan College Road) Near Nava India Coimbatore - 641028, Tamil Nadu.

...Petitioner

-vsM/s. PNR Housing Ltd.

Represented by its Managing Director Mr. Surender Vittal 3rd Floor, Viswa Paradise Apartments No.23/2, Kalidas Road Ram Nagar, Coimbatore - 641009.

.... Respondent PRAYER: Arbitration Original Petition filed under Section 34(2)(b)(ii) and 2-A of the Arbitration and Conciliation Act, 1996, for the following relief:- (a) set aside the findings in relation to delays and interest made under

Issue Nos. 4, 6, 7 and 8 of the impugned award dated 13.03.2020 and consequently grant interest to the petitioner as sought for under the said issues by modifying the impugned award under Section 34 of the Act;

(b) set aside the findings in the impugned award dated 13.03.2020 in relation to counter claims to the extent allowed in Issue Nos. 9, 10 and 11 of the Impugned Award.

For Petitioner :

M/s. Rupikaa Srinivasan for Mr. Aniruth Krishnan For Respondent :

Mr. T.Manivannan for Mr. S.Thangavel Arb.O.P (Com.Div.) No. 645 of 2022:- M/s. PNR Housing Ltd.

Represented by its Managing Director Mr. Surender Vittal 3rd Floor, Viswa Paradise Apartments No.23/2, Kalidas Road Ram Nagar, Coimbatore - 641009.

.... Petitioner -vsM/s. VASCON Engineers Ltd.

Represented by its Authorized Signatory Mr. S.Padmanaban SF No. 555/1, Udayampalayam Road (Hindustan College Road) Near Nava India Coimbatore - 641028, Tamil Nadu.

...Respondent

PRAYER: Arbitration Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, for the following relief:- (a) that the records and proceedings in respect of impugned amended award dated 13.03.2020 may kindly be called for from the Hon'ble Arbitral Tribunal;

(b) that after perusal of records and proceedings in respect of impugned amended award dated 13.03.2020 and after examining its legality and validity, set aside the award in part, and award against the respondent and in favour of the petitioner the sum of Rs.6,75,50,098/-;

(c) for costs;

(d) for such other and further reliefs as the nature and circumstances of the case may require.

For Petitioner :

Mr. T.Manivannan for Mr. S.Thangavel For Respondent :

M/s. Rupikaa Srinivasan for Mr. Aniruth Krishnan C O M M O N O R D E R Today when these matters were taken up for hearing, the learned counsel appearing on either side in both Original Petitions have

submitted that these matters had been settled between the parties and also filed a Joint Memo of Compromise entered between the parties on 08.08.2024, which has been taken on record.

2.

It is further represented by the learned counsel for the respondent in Arb.O.P (Com.Div.) No. 4 of 2021 the amount as indicated in the Joint Memo of Compromise dated 08.08.2024 had been paid and the learned counsel for the petitioner in Arb.O.P.(Com.Div.) No. 4 of 2021 had also acknowledged the receipt of the payment.

3.

Recording the same, no further adjudication is required to be made in both the Original Petitions. Accordingly, the Original Petitions are closed. No costs.

21.08.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya and Arb.O.P (Com.Div.) No. 645 2022 21.08.2024