Madras High CourtArb O.P(COM.DIV.)/502/2024disposed of

Mr.A.Mohamed Rafique v. Mr.Uthayakumar

2025-09-11Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arb.O.P(Com.Div).Nos.502 and 554 of 2024 and Application Nos.6152 of 2024 1.Mr.A.Mohamed Rafique, S/o.Mr.A.Abdul Rahim

2. Mr.A.Mohamed Abubaker, S/o.Mr.A.Abdul Rahim .... Petitioners in Arb.O.P.(com.div)No.502/2024 and respondents in Arb.O.P.(com.div)No.554/2024 Vs.

1.Mr.Uthayakumar, S/o.Mr.S.Chellaiah

2. Mr.C.Thadeyu Johnson, S/o.Mr.S.Chellaiah .... Respondents in Arb.O.P.(com.div)No.502/2024 and Petitioners in Arb.O.P.(com.div)No.554/2024 Prayer in Arb.O.P.(com.div)No.502/2024 To set aside the award dated 10.07.2024 passed by the Learned Arbitrator in Arbitration Reference No.25 of 2018 in O.P.No.962 of 2018.

Prayer in Arb.O.P.(com.div)No.554/2024 To set aside the impugned award dated 10.07.2024 to the extent it awards penal interest @ 24% per annum from 19.01.2017 till realisation on the sum of Rs.36,40,000/-.

For Petitioners in : Mr.P.V.Balasubramaniam 1/8

Arb.O.P.(com.div) Senior Counsel for No.502/2024 and Ms.Sharada Vivek respondents in Arb.O.P.(com.div)No.554/2024 For Respondents in : Mr.Joseph John in Arb.O.P.(com.div) for M/s.Lilly Francis No.502/2024 for M/s.King & Patridge and Petitioners in Arb.O.P.(com.div)No.554/2024 COMMON ORDER These petitions were filed as against the award passed by the learned Arbitrator dated 10.07.2024.

2. This Court by an order dated 16.07.2025, requested Mr.M.K.Kabir, learned Senior Counsel to act as a Mediator in order to mediate the dispute between the parties and attempt for a settlement amicably. Pursuant to the order, the learned Senior Counsel acted as a Mediator and the parties were able to arrive at a settlement and they have entered into a settlement agreement dated 09.09.2025. The settlement agreement signed by both the parties and their respective counsel and also by the learned Mediator was placed before this Court.

3. The learned Mediator was also present at the time of hearing today.

4. The terms and conditions agreed between the parties are 2/8

extracted hereunder:

3/8

4/8

5/8

5. The learned Senior Counsel and the counsel appearing on behalf of the parties submitted that both these petitions can be disposed of in terms of the settlement agreement dated 09.09.2025.

6. In the light of the above development, both these petitions are disposed of in terms of the settlement agreement dated 09.09.2025 and the settlement agreement shall form part of this order. Connected application stands closed.

6/8

7. There shall be a direction to the respective parties to pay a sum of Rs.1,50,000/- (Rupees One lakh fifty thousand only) each to the learned Mediator.

11.09.2025 mp 7/8

N.ANAND VENKATESH, J.

mp Arb.O.P(Com.Div).Nos.502 and 554 of 2024 and Application Nos.6152 of 2024 11.09.2025 8/8