Messers, Caravel Logistics v. Messers. Libraa Ship

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.03.2020

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR Messers.Caravel Logistics Private Limited, 3rd Floor, Pantheon Plaza, 484, Pantheon Road, Egmore, Chennai-600 008.

.. Petitioner Vs.

1. Messers.Libraa Ship Management Private Limited, represented by its Managing Director T.Anand

2. Messers.Libraa Offshore Private Limited, represented by its Managing Director T.Anand both having office at "Sai Kripa", Door No.2-59-9, Bhaskar Nagar, Kakinada 533 033-Andhra Pradesh, and having its registered Office at No.21, Rajeswari Apartments, No.58, Warren Road (Bhakthavatsalam Street), Chennai-600 004.

3. Mrs.Justice Prabha Sridevan, Former Judge, Madras High Court, "Atreya", New No.23 (Old No.7) Krishnaswamy Avenue, Off: Luz Church Road, Mylapore, Chennai-600 004. .. Respondents 1/7

This Original Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, praying to set aside the award dated 20.02.2017 passed by the 3rd respondent herein insofar as it relates to the claims with costs to this petitioner.

For Petitioner : Ms.Anita Thomas For Respondents : Ms.Vasudha Thiagarajan ***

ORDER

Ms.Anita Thomas, learned counsel for sole petitioner and Ms.Vasudha Thiagarajan, learned counsel for respondents 1 and 2 are before this Court.

2. To be noted, Hon'ble sole Arbitrator, who constituted the Arbitral Tribunal, has been arrayed as Respondent No.3. Considering the nature of the matter and considering the trajectory the matter has taken (to be noted parties have arrived at a settlement), third respondent, who is a Hon'ble Former Judge of this Court, is deleted from the array of parties.

3. The above leaves instant OP on hand with a lone petitioner and two respondents.

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4. Both the aforementioned learned counsel submit that the parties have arrived at a settlement and have reduced the same to writing by way of a document captioned 'Joint Memo of Compromise dated 28.02.2020' (hereinafter 'said MOC' for the sake of brevity and clarity). Both learned counsel make a common submission that instant OP may please be disposed of in terms of said MOC, which reads as follows:

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5. Both learned counsel submit that the parties signed the said MOC in the presence of one another and their respective counsel. Saying so, both learned counsel made a common request that presence of the parties may please be dispensed with for recording said MOC. Owing to the nature of the matter and the trajectory it has taken, this request is acceded to.

6. In the light of aforesaid trajectory, instant OP is disposed of in terms of said MOC, which shall form part of the order. No costs. 03.03.2020 kmi Index: Yes/No Speaking/Non-Speaking Order 6/7

M.SUNDAR, J kmi 03.03.2020 7/7