Madras High Court
E.Mohammed Misraan vs Rrb Energy Limited on 21 January, 2020
Author: M.Sundar
Bench: M.Sundar
O.P.No.800 of 2019 and A.No.7696 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :21.01.2020
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
O.P.No.800 of 2019
and
A.No.7696 of 2019
E.Mohammed Misraan .. Petitioner
vs.
RRB Energy Limited,
Represented by The Head Operations,
GA – 1/B-1 Extension,
Mohan Cooperative Industrial Estate,
Mathura Road, New Delhi – 110 044. .. Respondent
Original Petition filed under Section 11(6) (a) & (c) of the
Arbitration and Conciliation Act, 1996 read with Rule 2 of the appointment
of arbitrators of Madras High Court Scheme, 1996, to appoint an Arbitrator
for adjudication of disputes arising from and out of Agreement dated
01.04.2019 and to pass such and other orders and thus render justice.
For petitioner : Mr.V. Lakshmi Narayanan
for Mr.Avinash Wadhwani
For Respondent : Mr.K.R.Harin
ORDER
Mr.V.Lakshmi Narayanan, learned counsel assisted by Mr.Avinash Wadhwani, learned counsel on record for sole petitioner and Mr.K.R.Harin, learned counsel for lone respondent are before this Court. http://www.judis.nic.in 1/9 O.P.No.800 of 2019 and A.No.7696 of 2019
2. Mr.E.Mohammed Misraan who is the sole proprietor of Jerry's Security Services and Mr.T.Sundaram, Head Operations and Service of RRB Energy Limited (respondent) are also before this Court. With regard to respondent, this Court is informed that Mr.T.Sundaram is duly authorised by Board Resolution to represent the respondent company.
3. Both learned counsel on instructions from their respective clients submit that the lis between petitioner and respondent has been settled and the same has been reduced to writing by way of a document captioned 'MEMORANDUM OF UNDERSTANDING' dated 21.01.2020 (hereinafter 'said MOU' for the sake of brevity, clarity and convenience). Adverting to said MOU which is placed before this Court, both learned counsel submit that besides the petitioner and respondent, same Mr.E.Mohammed Misraan carrying on business in the name and style Jerys Constructions as well as Mr.E.Mohammed Misraan's spouse Mrs. M.Jarena Begam carrying on business in the name and style Sahys Green Energy Service have also joined in the execution of said MOU for the purpose of giving a comprehensive settlement.
4. Both learned counsel submit that instant OP which is listed along with A.No.7696 of 2019 may please be disposed of in terms of said MOU which reads as follows:
http://www.judis.nic.in 2/9 O.P.No.800 of 2019 and A.No.7696 of 2019 http://www.judis.nic.in 3/9 O.P.No.800 of 2019 and A.No.7696 of 2019 http://www.judis.nic.in 4/9 O.P.No.800 of 2019 and A.No.7696 of 2019 http://www.judis.nic.in 5/9 O.P.No.800 of 2019 and A.No.7696 of 2019 http://www.judis.nic.in 6/9 O.P.No.800 of 2019 and A.No.7696 of 2019 http://www.judis.nic.in 7/9 O.P.No.800 of 2019 and A.No.7696 of 2019
5. To be noted, the Board Resolution authorising Mr.T.Sundaram and letter dated 17.01.2020 given by Mrs. M.Jarena Begam in favour of her spouse Mr.E.Mohammed Misraan are not in dispute.
6. In the light of the covenants in said MOU, both learned counsel make a request that if there is any default, it should be left open to parties to reopen instant OP as well as A.No.7696 of 2019 in terms of said MOU which shall form part of this order.
7. Be that as it may, as a concluding paragraph, it is recorded that aforesaid Mr.E.Mohammed Misraan and Mr.T.Sundaram reiterated the terms of said MOU and submitted that they have signed the same in the presence of one another after understanding all the terms and covenants therein. Both parties also make a request that instant OP and the said A.No.7696 of 2019 may please be disposed of in terms of said MOU.
8. Instant OP and A.No.7696 of 2019 are disposed of in terms of said MOU. There shall be no order as to costs.
21.01.2020 sli Speaking Order/Non-Speaking Order Index : Yes/No Internet: Yes/No http://www.judis.nic.in 8/9 O.P.No.800 of 2019 and A.No.7696 of 2019 M.SUNDAR,J.
sli O.P.No.800 of 2019 and A.No.7696 of 2019 21.01.2020 http://www.judis.nic.in 9/9