G.Murugesan v. A.R.Palaniappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & A.No.1666 of 2017 G.Murugesan ... Petitioner Vs 1.A.R.Palaniappan 2.Thiru K.S.Gowthaman ... Respondents Prayer: Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the arbitral award dated 22.01.2016 passed by the second respondent in C.P.No.ACP/1/2015. For Petitioner :

Mr.S.Namasivayam For Respondent 1 :

Mr.S.Vasudevan 1/4

O R D E R

In the above matter, pending the Original Petition the parties were referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by orders of this Court dated 05.08.2019. Pursuant to this order the parties have appeared in person before the learned Mediator and a memo of compromise has been entered into between the parties on 18.10.2019 before the learned Mediator.

2. In the said proceedings the petitioner herein had agreed to pay a sum of Rs.40,00,000/- within 90 days from the date of the memorandum of compromise. Thereafter, the said memorandum of compromise has been forwarded to this Court by the Mediation Centre. Clause 26 (2) of the Tamil Nadu Mediation Rules, 2010, would read as follows: "The Court shall then pass an order or decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the legal proceeding." 2/4

3. In view of the Clause 26 (2) of the Tamil Nadu Mediation Rules, 2010, this Court is passing the decree in terms of the memo of compromise. The Original Petition is dismissed. No costs. 21.02.2020 kan Index : Yes/No Speaking order/non-speaking order 3/4

P.T.ASHA, J., kan & A.No.1666 of 2017 21.02.2020 4/4