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Madras High CourtArb O.P(COM.DIV.)/564/2022closed

B.Pushpa v. M/S.Babu Enterprises, Rep.By Its Partner T.Janagi,

2023-03-30Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Arb.O.P(Com.Div).No.564 of 2022 1.B.Pushpa, W/o.K.Babu, Partner of Babu Enterprises 2.K.Babu S/o.Kesavan Partner of Babu Enterprises Both are residing at 72, Tamil Nadu Housing Board Keelperumbakkam Villupuram Town.

... Petitioners Vs.

1.M/s.Babu Enterprises Represented by its Partner T.Janagi No.Pallipudupattu Village Villupuram Taluk Villupuram 605 106 2.T.Janagi W/o.D.Tholgappiyan No.116, Pondy Main Road Mitta Mandagapattu Post Villupuram Taluk and District 605 601 ... Respondents 1/ 4

PRAYER : Arbitration Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to adjudicate the disputes between the Petitioners and the Respondents in terms of the Reconstitution deed dated 17.08.2016 and to direct the Respondents to pay costs.

For Petitioner : Mr.P.C.Harikumar For Respondents : Mr.A.Mohammed Ismail

ORDER

This Arbitration Original Petition has been filed to appoint an Arbitrator to adjudicate the disputes between the Petitioners and the Respondents in terms of the Reconstitution deed dated 17.08.2016 and to direct the Respondents to pay costs.

2.However, the learned counsel for the Petitioner would submit that Section 19 Petition in Sr.No.3375 of 2023 has been filed before the Additional District Judge, Villupuram, where the Respondent herein has filed specific performance Suit in O.S.No.37 of 2020. Therefore, the learned counsel for the Petitioner would plead to close this Petition. 2/ 4

3. Under these circumstances, based on the submissions made by the learned counsel for the Petitioner, this Petition is closed. However, it is open to the Respondent to make their objection or any other issues including maintainability, before the Court below. No costs. Consequently, the connected application is also closed.

30.03.2023 Speaking/Non-speaking order Index : Yes / No : Yes / No sai 3/ 4

KRISHNAN RAMASAMY, J.

sai Arb.O.P(Com.Div).No.564 of 2022 Dated: 30.03.2023 4/ 4