Hcil Comtel Private Limited v. Hindustan Oil Exploration Company Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Arb.O.P.(Com.Div.) No.557 of 2023 HCIL Comtel Private Limited, A Company incorporated under the Companies Act, Represented by its authorised signatory Ms.Damini Srivastava, 1, Shivaji Marg, West End Greens, NH-8, New Delhi - 110 037.

... Petitioner Vs.

Hindustan Oil Exploration Company Limited, A Company Incorporated under the Companies Act, Having its registered office at 'HOEC House', Tandalja Road, Off Old Padra Road, Vadodra - 390 020.

... Respondent Prayer: Original Petition is filed under Section 11(6) of the Arbitration and Conciliation (Amendment) Act, 2015, praying for appointment of a sole arbitrator to adjudicate upon and decide all the disputes between the parties arising in view of the service order dated 01.02.2021. For Petitioner : Mr.K.M.Mrithunjayan For Respondent : M/s.Anitha Suresh 1/4

ORDER

Both the counsel for the petitioner and the respondent confirmed that the dispute between the petitioner and the respondent has been settled out of court.

2. To that effect, a Joint Memorandum of Compromise dated 09.02.2024 has been filed. It reads as under:- "1. The present Arb.O.P.No.557 of 2023 has been filed by petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 seeking the appointment of a sole arbitrator to adjudicate upon and decide all disputes between itself and the respondent arising out of the Service Order dated 1.2.2021 (and amendments thereto) between themselves.

2. With a view to giving a quietus to the matter, the petitioner and the respondent have without any admission of liability, arrived at an amicable and comprehensive settlement of all their disputes on the terms set out hereunder:- a. Parties have agreed on a settlement amount of Rs.15,41,500/- (Rupees Fifteen Lakhs Forty One Thousand Five Hundred only) inclusive of applicable GST and TDS to be paid by the respondent, in full quit of all claims and counter-claims between the petitioner and the respondent.

b. Petitioner confirms receipt of net amount of Rs.15,15,373/- (Rupees Fifteen Lakhs Fifteen Thousand Three Hundred and Seventy Three only) from the respondent in pursuance to the above, on 19.1.2024 vide UTR No.UTIBR52024011900367013, and agrees to unconditionally withdraw the present petition.

3. This constitutes the full and final settlement of all the disputes between the petitioner and the respondent herein and the persons signing this compromise are entitled to sign it and bind the respective parties to this compromise. Neither party has any further or other claim as against the other party." 2/4

3. In view of the above, this Original Petition is closed as withdrawn. There shall be no order as to costs.

12.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb 3/4

C.SARAVANAN, J.

arb Arb.O.P.(Com.Div.) No.557 of 2023 12.02.2024 4/4