Eicher Motors Limited (Unit Royal Enfield) v. Mrs Kala Thiagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE in O.A. No. 218 of 2024 Eicher Motors Limited (Unit Royal Enfield) Having Office at 296, Rajiv Gandhi Salai Sholinganallur, Chennai-600119 Represented by its Power of Attorney Mr.Y.B.Seetharaman ... Applicant Vs.

1.Kala Thiagarajan 2.Vinutha Mohan 3.Subramaniam Mohan 4.Yamani Chandramouli 5.T.Chandra Mouli 6.State Bank of India No.46/1, Luz Church Road Mylapore, Chennai-600004.

...Respondents

PRAYER: Arbitration Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(1)(II)(d) of the Arbitration and Conciliation Act, 1996, praying to permit the applicant to withdraw the

amount of Rs.23,00,000/- deposited by the respondents in O.A. No. 218 of 2024 order dated 18.06.2024.

For Applicant : Mr.Arun C Mohan For Respondents : Mr.K.Pradeep Mr.S.V.Badriah

O R D E R

The learned counsel for the applicant on instructions would submit that the applicant is willing to withdraw the Section 138 proceedings initiated against the respondent to enable the applicant to withdraw the amount of Rs.23,00,000/-, which is now lying to the credit of O.A. No. 218 of 2024 by orders of this court dated 18.06.2024.

2. The learned counsel for the respondents on instructions would submit that the respondents have got no objection for allowing this application, if the applicant withdraws the Section 138 proceedings initiated against the respondents in S.T.C. No. 5149 of 2024 pending on the file of Metropolitan Magistrate Fast Track Court - II, Egmore at Allikulam, Chennai.

3. In view of the submission made by both the counsels, this application is allowed as prayed for by permitting the applicant to

withdraw the amount of Rs.23,00,000/- deposited by the respondents in O.A. No. 218 of 2024 pursuant to the orders passed by this Court on 18.06.2024 subject to the condition that the applicant shall withdraw the S.T.C. No. 5149 of 2024, which is pending on the file of the Metropolitan Magistrate Fast Track Court - II, Egmore at Allikulam, Chennai. No costs.

4. Registry shall permit the applicant to withdraw the amount of Rs.23,00,000/- lying to the credit of O.A. No. 218 of 2024 by producing the proof that the applicant has withdrawn S.T.C. No. 5149 of 2024 on the file of Metropolitan Magistrate Fast Track Court - II, Egmore at Allikulam, Chennai.

07.07.2025 Index: Yes/ No Speaking order / Non speaking order Maya

ABDUL QUDDHOSE, J.

Maya in O.A. No. 218 of 2024 Dated : 07.07.2025