Madras High CourtArb O.P(COM.DIV.)/621/2022withdrawn dismissed

Radha Meditech, Rep.By The Sole Proprietor, Mr.Sudhir Sanugale v. M/S.Cook India Medical Devices Pvt Ltd.,

2023-04-27Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.04.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Radha Meditech Represented by the Sole Proprietor, Mr.Sudhir Sanugale, Having its registered office at:

Shri Sadguru Darshan CHS, 410, 4th Floor, Fitwala Road, Prabhadevi Station Mumbai 400 013 ... Petitioner Vs.

M/s.Cook India Medical Devices Pvt. Ltd, A Company registered under the Provisions of Companies Act, 1956, Having its registered office at Plot No.22(SP), 3rd and 4th Floor, Kochar Jade, Thiru Vi.Ka Industrial Estate, Guindy, Chennai 600 032 ... Respondent Arbitration Original Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint Hon'ble Justice K.Chandru (Retd) as the Sole Arbitrator and the disputes between the 1/4

parties arising out of and/or in relation to any matters under the Agreement be referred to arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time. For Petitioner : Mr.Laksh Singhvi For Respondents: Ms.Shruti Raina

ORDER

This Arbitration Original Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called as "the Act") to to appoint Hon'ble Justice K.Chandru (Retd) as the Sole Arbitrator

2. The learned counsel for the petitioner seeks leave of this Court to withdraw the present Arbitration Original Petition. He further submitted that a memo has also been filed in this regard.

3. The learned counsel for the respondent would submit that she has no objection to dismiss this petition as withdrawn. However, she insisted this Court to impose any cost on the petitioner, since the respondents had spent nearly a period of 7 months in this proceedings. 2/4

4. Heard the learned counsel for the petitioner as well as respondent and perused the memo filed by the petitioner.

5. In view of the above, this Court permits the petitioner to withdraw the present Arbitration Original Petition and is not inclined to impose any costs on the petitioner.

6. Accordingly, this Arbitration Original Petition is dismissed as withdrawn. No costs.

27.04.2023 Speaking/Non-speaking order Index : Yes / No nsa 3/4

KRISHNAN RAMASAMY.J., nsa Arb.O.P.(Com.Div.)No.621 of 2022 27.04.2023 4/4