M/S.Tamil Nadu Teachers v. M/S.The Inno Estates

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Tamil Nadu Teachers Housing and Welfare Trust, Rep. by its Managing Trustee, Mr.M. Viswanathan, 36/1, Ramakrishnapuram, North Usman Road, T. Nagar, Chennai - 600 017.

... Petitioner Vs.

1.M/s.The INNO Estates Private Limited, Rep. by its Director, Mr.C.V. Lakshmanan 2.M/s.INNO Development Management Company LLP, Rep. by its Partner, Mr.R. Ravisankar, both respondents 1 & 2 business premises situated at No.5, Giri Road,T. Nagar, Chennai - 600 017. 3.The Hon'ble Mr.Justice J. Kanakaraj (Retd.), Madras High Court, Presiding Arbitrator, No.7, Justice Ramanujam Road, Thiruvanmiyur, Chennai - 600 041.

1/4

4.The Hon'ble Mr.Justice Malai Subramanian (Retd.), Madras High Court, Co-Arbitrator, No.1101B, 2nd Street, Thendral Colony, Anna Nagar, Chennai - 600 040.

5.The Hon'ble Mr.Justice K. Mohan Ram (Retd.), Madras High Court, Co-Arbitrator, No.3, Sivakamipuram, 2nd Cross Street, Thiruvanmiyur, Chennai - 600 041.

... Respondents Prayer : Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, praying to call for the records relating to the Majority Award dated 31.05.2017 and made in the proceedings relating to the matter of Arbitration and Conciliation Act, 1996 and in the matter of Agreements dated 09.12.2010 and 19.04.2012 on the file of the Learned Arbitrators consisting of their Lordships Hon'ble Mr.Justice J. Kanakaraj (Retd.), Hon'ble Mr.Justice Malai Subramanian (Retd.) and Hon'ble Mr.Justice K. Mohan Ram (Retd.), viz., the Respondents 3, 4 and 5 herein and set aside the Majority Award dated 31.05.2017 in so far as rejecting the Counter Claim Nos.1 to 6 and partly rejecting Counter Claim No.7 prayed for by the petitioner herein in the Arbitration Proceedings and allow the above O.P.

For Petitioner : No appearance For Respondents : Mr.Anirudh Krishnan [R1 & R2] 2/4

ORDER

Today, the matter is listed under the caption 'for dismissal'. There is no representation on the side of the petitioner once again. Even on the last hearing date i.e. on 31.08.2023, there was no representation on behalf of the petitioner and the matter was listed under the caption 'for dismissal'

2. Since there is no representation on behalf of the petitioner, it can now be inferred that the petitioner is not interested in prosecuting the matter further.

3. Accordingly, this Original Petition is dismissed for nonprosecution. 13.09.2023 Index: Yes/ No Speaking/Non-speaking Order Internet: Yes/No Sni 3/4

ABDUL QUDDHOSE, J.

Sni 13.09.2023 4/4