← Library
Madras High CourtArb O.P(COM.DIV.)/642/2022decree in terms of memo of comprom

S.Singaravadivelan, v. M/S.Vodafone Infrastructure Limited, (Previously Known As Hutchison Essar South Ltd)

2023-04-03Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Arb. O.P(Com.Div).No.642 of 2022 Mr.S.Singaravadivelan ... Petitioner Vs.

1. M/s.Vodafone Infrastructure Limited, (Previously known as Hutchison Essar South Ltd), Represented by its Director, C-48, Okhla Industrial Area, Phase - II, New Delhi.

2. M/s.Vodafone Infrastructure Limited, 9th Floor, TVH Beliciaa Towers I, Block 94, MRC Nagar, Chennai - 600 028.

3. M/s.Indus Towers Limited, Represented by its Director, Espee IT Park, 5 (N.P), 5th Floor, Jawaharlal Nehru Road, Ekkaduthangal, Chennai - 600 097.

4. M/s.Indus Towers Limited, Building No.10.A, Tower - A, 4th Floor, DLF Cyber City, Gurgaon - 122 002.

... Respondents PRAYER : Original Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 read with Clause 2 of the Appointment of Arbitrator's 1/4

Scheme by the Chief Justice of Madras High Court's Scheme, 1996, praying to appoint a sole arbitrator to adjudicate the disputes arisen between the petitioner and the respondents and directing the respondents to pay the cost of this petition.

For Petitioner : Mr.G.Ashokapathy For Respondents : Ms.Angelin Philo for M/s.AAV Partners [R1 and R2] Mr.D.Harikrishnan [R3 and R4]

ORDER

This Arbitration Original Petition has been filed by the petitioner seeking to appoint a sole arbitrator to adjudicate the disputes arisen between the petitioner and the respondents.

2.When this matter is taken up for hearing on 13.02.2023, the learned counsel appearing for the petitioner as well as the respondents jointly made a request to refer the matter to the mediation. Accordingly the matter was referred to the mediation. Thereafter, the matter is listed today after the completion of mediation proceedings. Today, the learned counsel appearing for both the petitioner and respondents, would submit that the parties have reached settlement, by entering into a Joint Compromise memo dated 27.03.2023, signed by the parties along with their learned counsel and requested this Court 2/4

to dispose of the arbitration original petition in terms thereof mentioned in the Joint Compromise Memo dated 27.03.2023 entered by the parties. 3.Considering the submissions made by the learned counsel appearing for both the parties and in view of the Joint Compromise Memo filed by them having arrived at an amicable settlement among themselves by the parties, this Court feels it appropriate to dispose of the arbitration original petition in terms of the Joint Compromise Memo dated 27.03.2023 entered by the parties. 4.Accordingly, this arbitration original petition is disposed of in terms of the Joint Compromise Memo dated 27.03.2023. The Joint Compromise Memo dated 27.03.2023 is recorded and the same shall form part and parcel of this order.

03.04.2023 mp 3/4

KRISHNAN RAMASAMY. J., mp Arb.O.P.(Comm.Div).No.642 of 2022 03.04.2023 4/4