M/S.Baby Engineering Pvt. Ltd.,Represented By Its Managing Director B.Amirthakasi v. M/S. Larsen And Toubro Limited(Construction)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WENESDAY, THE 16TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P. No. 1006 of 2019 (In the matter of Arbitration on Purchase Order Dated 27.06.2017 between M/s. Baby Engineering Pvt. Ltd. And M/s. Larsen and Toubro Ltd, Construction) M/s. Baby Engineering Pvt Ltd Represented by its Managing Director Mr.B.Amirthakasi, No. E.37, Developed Plot Estate, Thuvakudi, Tiruchirapalli - 620015.
...Petitioner
Vs M/s. Larsen and Toubro Limited (Construction) PB No 979 Mount Poonamallee High Road, Manapakkam, Chennai 600 089.
...Respondent
Original Petition praying that this Hon'ble Court be pleased to set aside the award passed by the Learned Arbitrator, 26.08.2019 served on the petitioner on 06.09.2019, so far as dismissing the claim statement. This Original Petition along with O.P.No.456 of 2020 coming on this day before this court for hearing in the presence of Mr. N.C.Ashok Kumar, Advocate for the petitioner herein and, Mr. Anirudh Krishnan, Advocate for the respondent herein and upon reading the petition and
award dated 26/08/2019 filed herein and joint Memo signed by the petitioner and the respondent with their respective advocates and the said advocate for the parties hereto and the Learned Counsel appearing on either side submitted that during the pendency of the Original Petitions, the parties have arrived at an amicable settlement and the joint memo dated 29/04/2021 morefully set out in the schedule hereunder, and this Court doth recording the same, it is ordered as follows:- That the Original Petition No. 1006 of 2020, do stand closed.
2. That a certificate under section 69 of Tamil Nadu Court Fees and Suit Valuation Act XIV of 1955, do issue herein, out of and under the seal of this court, in favour of M/s. Baby Engineering Pvt Ltd., rep. by its Managing Director Mr.B.Amirthakasi, the Petitioner herein, authorising them, to receive from the Pay and Accounts Office, High Court, Madras, a sum of Rs.1,00,000/- (Rupees One Lakh Only) being the entire Court fee paid on the petition by the Petitioner herein. (Schedule - Joint Memo)
EVK 19/07/2021 O.P.No. 1006 of 2020
ORDER
DATED : 16.06.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 20/07/2021 APPROVED ON: 20/07/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16/6/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Original Petition Nos.456 of 2020 a n d 1006 of 2019 O.P.No.456 of 2020 M/s. Larsen and Toubro Ltd rep. By its Power of Attorney Mr.Joji Sebastian L & T Construction HQ Manapakkam Mount-Poonamallee High Road Chennai 600 089.
...
Petitioner Vs M/s. Baby Engineering Pvt Ltd rep. By its Managing Director Mr.B.Amirthakasi.
...
Respondent Petition filed under Section 34 (2) (b) (ii) and 2 - A of the Arbitration and Conciliation Act, 1996, to set aside the award dated 26/8/2019 passed by the sole Arbitrator to the extent of the counter claims made by the petitioner.
O.P.No.1006 of 2019 M/s. Baby Engineering Pvt Ltd rep. By its Managing Director Mr.B.Amirthakasi
Having Office at No.E 37 Developed Plot Estate Thuvakudi Trichirapalli 15.
...
Petitioner Vs M/s. Larsen and Toubro Ltd (Construction) PB No.979 Mount Poonamallee Road Manapakkam Chennai 600 089.
...
Respondent Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, to set aside the award, dated 26/8/2019, passed by the Arbitrator, served on 6/9/2019, so far as dismissing the claim statement. For petitioner ...
Mr.Anirudh Krishnan (in O.P.No.456 of 2020) Mr.N.C.Ashok Kumar (in O.P.No.1006 of 2019) For respondent ...
Mr.N.C.Ashok Kumar (in O.P.No.456 of 2020) Mr.Anirudh Krishnan (in O.P.No.1006 of 2019) - - - - - - C O M M O N O R D E R O.P.No.456 of 2020 has been filed to set aside the award dated 26/8/2019 passed by the sole Arbitrator to the extent of the counter
claims made by the petitioner.
2. O.P.No.1006 of 2019 has been filed to set aside the award, dated 26/8/2019, passed by the Arbitrator, served on 6/9/2019, so far as dismissing the claim statement.
3. Heard Mr.Anirudh Krishnan, learned counsel for the petitioner and Mr.N.C.Ashok Kumar, learned counsel for the respondent in O.P.No.456 of 2020.
4. Today, when these matters were taken up for hearing through Video Conferencing, Mr.Anirudh Krishnan, learned counsel appearing for the petitioner in O.P.No.456 of 2020 and learned counsel appearing for the respondent in O.P.No.1006 of 2019, produced a Joint Memo of compromise, along with the Settlement Agreement, dated 3/4/2021, duly signed by both the parties. Learned counsel appearing on either side submitted that during the pendency of the Original Petitions, the parties have arrived at an amicable settlement and the terms of the same have been recorded in the form of a Settlement Agreement, which is annexed to the Memo.
5. In view of the Settlement Agreement arrived at between the parties, nothing survives for further adjudication in these matters. Accordingly, these Original Petitions are closed. Joint memo of compromise shall form part of the records. Registry is directed to refund
the Court fee paid by the petitioner, as per law. Sd./-N.S.K.J.
16.06.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.