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Madras High CourtOP/230/2017disposed of

Centre For Development Of v. Mr.Xavier Benedict

2022-03-31Honourable Mr Justice M. Sundar11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 31ST DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE M. SUNDAR O.P.No. 230 of 2017 and A.No. 1693 of 2017 O.P.No. 230 of 2017 :- In the matter of Section 34 of the Arbitration & Conciliation Act, 1996 And In the matter of disputes arising out of the Comprehensive Architectural Services Agreement dated 15/07/2008 And In respect of the Arbitral Award dated 30/11/2016.

BETWEEN :

Centre for Development of Advanced Computing Tidel Park, 8th Floor, D-Block, (North & South), No.4, Rajiv Gandhi Salai, Taramani, Chennai - 600 113.

Represented by its Director.

... Petitioner AND Mr. Xavier Benedict, Sole Proprietor, M/s. Anameka Architects & Designers, No.35/18, Pushpa Nagar Main Road, Mahalingapuram, Nungambakkam, Chennai - 600 034.

... Respondent

Original Petition praying that this Hon'ble Court be pleased to a) Set aside the Arbitral Award dated 30/11/2016 passed by the Learned Arbitrator.

b) Award Costs of the proceedings to the Petitioner. A.No. 1693 of 2017 :- Centre for Development of Advanced Computing Tidel Park, 8th Floor, D-Block, (North & South), No.4, Rajiv Gandhi Salai, Taramani, Chennai - 600 113.

Represented by its Director.

... Applicant/Petitioner -VsMr. Xavier Benedict, Sole Proprietor, M/s. Anameka Architects & Designers, No.35/18, Pushpa Nagar Main Road, Mahalingapuram, Nungambakkam, Chennai - 600 034.

... Respondent/Respondent Application praying that this Hon'ble Court be pleased to stay the Award dated 30/11/2016 passed by the Learned Arbitrator pending disposal of the above Original Petition.

This Original Petition along with the application coming on this day before this Court for hearing in the presence of Mr.R.Arvind For M/s.Menon, Karthik, Mukundan and Neelakantan (Law Firm), advocates

for the petitioner in O.P.No. 230 of 2017 and for the applicant in A.No. 1693 of 2017 and Mr. G. Ashokapathy for M/s. Pass Associates, Advocates for the respondent in O.P.No. 230 of 2017 and A.No. 1693 of 2017 and upon reading the petition and the award dated 30/11/2016 and the memorandum compromise dated 31/03/2022 filed in O.P.No. 230 of 2017 and the Judges Summons and the affidavit of L.R.Prakash, filed in A.No.1693 of 2017 and Memorandum of Compromise signed by the petitioner ad the respondent with their respective Advocates and the said advocate for the parties hereto, and both the counsel make a request that the captioned main O.P cane be disposed of as settled out of Court as there is full satisfaction qua impugned award and parties have no claim against each other, It is ordered as follows:- That the O.P.No. 230 of 2017 and A.No. 1693 of 2017 be and are hereby disposed of as closed having been settled out of Court.

2. That it is made clear that this order shall not be construed as modifying the impugned award.

3. That it is only an order of closure of captioned main OP and captioned application there at recording the stated position of the parties which has been reduced to writing and articulated in the aforementioned said MOU.

4. That there shall be no order as to costs.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 31ST DAY OF MARCH 2022.

Sd/- ASSISTANT REGISTRAR (O.S-II) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED 11.04.2022 O.P.No. 230 of 2017 and A.No. 1693 of 2017

ORDER

DATED : 31.03.2022 THE HON'BLE MR. JUSTICE M. SUNDAR FOR APPROVAL : 12.04.2022 APPROVED ON : 12.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.03.2022

CORAM

THE HONOURABLE Mr.JUSTICE M.SUNDAR O.P.No.230 of 2017 and A.No.1693 of 2017 in O.P.No.230 of 2017 Centre for Development of Advanced Computing Tidel Park, 8th Floor, D-Block (North & South) No.4, Rajiv Gandhi Salai, Taramani, Chennai-600 113.

Represented by its Director.

... Petitioner vs.

Xavier Benedict Sole Proprietor M/s.Anameka Architects & Designers No.35/18 Pushpa Nagar Main Road Mahalingapuram, Nungambakkam Chennai-600 034.

... Respondent Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 praying to (a) set aside the arbitral award dated 30.11.2016 passed by the learned Arbitrator;

(b) award costs of the proceedings to the petitioner; For Petitioner :

Mr.R.Arvind of M/s.Menon, Karthik, Mukudan and Neelakantan (Law Firm) For Respondent :

Mr.G.Ashokapathy of M/s.Pass Associates

C O M M O N O R D E R This common order will dispose of the captioned original petition i.e., 'O.P.No.230 of 2017' [hereinafter 'main OP' for the sake of convenience and clarity] and captioned application i.e., A.No.1693 of 2017 thereat for stay of the impugned award. To be noted, captioned main OP has been presented in this Court under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] assailing an 'arbitral award dated 30.11.2016' [hereinafter 'impugned award' for the sake of convenience and clarity].

2. Today, Mr.R.Arvind, learned counsel representing M/s.Menon, Karthik, Mukundan and Neelakantan [Law Firm] on behalf of sole petitioner and Mr.G.Ashokapathy, learned counsel of M/s.Pass Associates (Law Firm) on behalf of lone respondent are before this Court.

3. Both learned counsel submit that the captioned main OP has been settled out of Court between the parties and they placed before this Court a 'Memorandum of Compromise dated 31.03.2022' [hereinafter 'said MOU' for the sake of convenience and clarity] a scanned reproduction of which (with docket) is as follows:

4. Both learned counsel make a request that the captioned main OP can be disposed of as settled out of Court as there is full satisfaction qua impugned award and parties have no claim against each other.

5. This Court has taken note of Hakeem principle being ratio laid down by Hon'ble Supreme Court in Project Director, National Highways No.45 E and 220 National Highways Authority of India Vs. M.Hakeem and another reported in [2021] SCC OnLine SC 473 wherein it has been made clear that the power of a Section 34 Court would not include the

power to modify an award. Therefore, it is made clear that this order shall not be construed as modifying the impugned award. It is only an order of closure of captioned main OP and captioned application thereat recording the stated position of the parties which has been reduced to writing and articulated in the aforementioned said MOU.

6. In the light of the narrative thus far, captioned main OP and captioned application are disposed of as closed having been settled out of Court. There shall be no order as to costs.

Sd./- M.S.J., 31.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.