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Madras High Court

Apeejay Shipping Limited vs Poompuhar Shipping Corporation ... on 16 August, 2022

Author: M.Sundar

Bench: M.Sundar

                                                                     Arb.O.P(Com.Div.)No.357 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 16.08.2022

                                                            CORAM

                                    THE HONOURABLE Mr.JUSTICE M.SUNDAR

                                          Arb.O.P.(Com.Div.)No.357 of 2022


                    Apeejay Shipping Limited
                    Having its registered office at
                    Apeejay House
                    15, Park Street, Kolkata - 700 016
                    West Bengal, India
                    Represented by its Constituted Attorney
                    Mr.Anil Shamrao Jadhav                                       ... Petitioner

                                                             vs.

                    Poompuhar Shipping Corporation Limited
                    692, Anna Salai, IV Floor,
                    Nandanam, Chennai-600 035
                    Tamil Nadu, India.                                             ... Respondent


                              Arbitration Original Petition filed under Section 11(6) of the
                    Arbitration and Conciliation Act, 1996 praying to appoint an Arbitrator.
                                    For Petitioner      :     Ms.Deepika Murali

                                                            *****




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                                                                     Arb.O.P(Com.Div.)No.357 of 2022


                                                       ORDER

When the captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] was taken up, it was noticed that the acknowledgement for 05.05.2022 communication to the respondent is not before this Court as part of case file.

2. Faced with the above situation, learned counsel requested for leave to withdraw the captioned Arb OP but made a plea to preserve all the rights of the petitioner company to come up with a same/similar prayer on the same cause of action, if so advised and if so desired.

3. 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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4. Aforementioned endorsement is reiterated in the hearing.

5. Captioned Arb OP disposed of as withdrawn / closed albeit preserving all the rights of the petitioner to come up with a same/similar prayer on the same cause of action, if so advised and if so desired. There shall be no order as to costs.

16.08.2022 Speaking/Non-speaking order Index : Yes / No mk Page No:3/5 https://www.mhc.tn.gov.in/judis Arb.O.P(Com.Div.)No.357 of 2022 M.SUNDAR, J., mk Arb.O.P(Com.Div.)No.357 of 2022 Page No:4/5 https://www.mhc.tn.gov.in/judis Arb.O.P(Com.Div.)No.357 of 2022 16.08.2022 Page No:5/5 https://www.mhc.tn.gov.in/judis