Madras High Court
Fuso Glass India Pvt. Ltd vs Mr.Ajay Rao Kanoji on 10 August, 2022
Author: M.Sundar
Bench: M.Sundar
Arb.O.P(Com.Div.)No.353 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.08.2022
CORAM
THE HONOURABLE Mr.JUSTICE M.SUNDAR
Arb.O.P.(Com.Div.)No.353 of 2022
Fuso Glass India Pvt. Ltd.,
Having Registered Office at
Fuso House 91, Poonamallee High Road,
4th Floor, Egmore, Chennai-600 084
Rep. by its Authorized Signatory
Mr.P.Sandeep ... Petitioner
vs.
Mr.Ajay Rao Kanoji
Proprietor, M Panel Exteriors & Interiors
Shop No -1-7-388, G3
Gayathri Shri Sai Enclave
Opp. Care Hospital, Musheerabad
Hyderabad - 80. ... Respondent
Arbitration Original Petition filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 praying to
(a) Appoint a sole Arbitrator at Chennai to arbitrate and adjudicate the
disputes that have arisen between the petitioner and respondent as per
Clause 5 of the invoices period from 11.08.2018 to 16.08.2018;
(b) For costs;
For Petitioner : Mr.D.Senthur Kugan
*****
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Arb.O.P(Com.Div.)No.353 of 2022
ORDER
After some arguments, Mr.D.Senthur Kugan, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] but made a plea to preserve all the rights of the petitioner to come up with a similar petition or multiple petitions for appointment of Arbitrator on the same cause of action in a suitable manner. To be noted, this scenario was inter alia owing to multiple invoices and a email reply dated 02.09.2019 (in response to 29.08.2019 demand email from the petitioner) wherein the respondent is said to have given assurance that the balance will be cleared within a period of one month but these emails are not before this Court.
2. Learned counsel on record has made an endorsement in the case file and a scanned reproduction of the same is as follows:
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3. Learned counsel reiterates the above endorsement with further request to preserve the rights of the petitioner in the aforesaid manner. Request acceded to.
4. Captioned Arb OP is disposed of as withdrawn / closed albeit preserving the rights of the petitioner company in the aforesaid manner. There shall be no order as to costs.
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