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Madras High CourtCMA/3539/2021withdrawn dismissed

M/S.Jiwan Ram Sheoduttrai Industries Private Limited v. M/S.Daimler Financial Services India Pvt. Ltd.,

2024-01-31Honourable Mr.Justice K.Rajasekar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE K. RAJASEKAR and CMP.Nos.20534 & 20536 of 2021

1. M/s.Jiwan Ram Sheoduttrai Industries Pvt.Ltd., Rep.by its Director Suresh Kumar Dhandhania No.30D, Jawaharlal Nehru Road, Kolkata, West Bengal 700 016.

2. Suresh Kumar Dhandhania ... Appellants Vs.

M/s.Daimler Financial Services India Pvt.Ltd., Unit 202, 2nd floor, Campus 3B, RMZ Millennia Business Park, 143, Dr.MGR Road, Perungudi Chennai 600 096 Rep.by Shaik Shavali ... Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 to set aside the order dated 20.09.2021 passed Application No.1 of 2021 in Claim Petition No.CDN/DFS/0101/2019 by the learned Sole Arbitrator and consequently allow Application No.1 of 2021 in Claim Petition No.CDN/DFS/010/2019. Page No.1 of 3

For Appellants : Mr.S. Bharath Sagaran for Mr.K.Newlin Frederick For Respondent : Mr.M.Arunachalam

J U D G M E N T

It is represented by the learned counsel for the appellants that the matter has been settled between the parties and seeks permission of this Court to withdraw this Civil Miscellaneous Appeal and also filed a memo dated 31.01.2024 to that effect. The same is recorded and extracted as hereunder:-

1. It is submitted that the subject matter of the above CMA has been settled between the parties.

2. It is submitted that nothing survives in the above CMA as of now. Therefore it is respectfully prayed that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above CMA and thereby render justice.

2. In the light of the above position, the civil miscellaneous appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions, if any, is closed.

31.01.2024 dpq Index :

Yes/No Speaking Order :

Yes/No Page No.2 of 3

K. RAJASEKAR, J.

dpq 31.01.2024 Page No.3 of 3