Madras High Court
Cee Dee Yes Health Care Services Pvt. Ltd vs Sri Kauvery Medical Care (India) Ltd on 12 June, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
Arb.O.P.(Com.Div.)No.129 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2024
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
Arb.O.P.(Com.Div.)No.129 of 2024
and
Arb.Appln.No.55 of 2023 & A.No.1639 of 2024
Cee Dee Yes Health Care Services Pvt. Ltd.,
Rep by its Chairman & M.D.,
Mr.C.DevadasaSundaram,
#25, 2nd Avenue, Indra Nagar,
Chennai 600 020
... Petitioners
Vs.
Sri Kauvery Medical Care (India) Ltd.,
Rep by its Executive Chairman,
Dr.S.Chandrakumar,
#17A, Murrays Gate Road, Alwarpet,
Chennai 600 018.
... Respondent
Arbitration Original Petition filed under Section 34(2) of the
Arbitration and Conciliation Act, 1996 to set aside the award dated
03.03.2024 passed by the sole Arbitrator in its entirety and direct the
respondent to pay the cost.
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https://www.mhc.tn.gov.in/judis
Arb.O.P.(Com.Div.)No.129 of 2024
For Petitioner : Mr.M.K.Kabir, Senior counsel
Mr.S.K.Mylavan
For Respondent : Mr.Sashidhar Sivakumar
ORDER
This petition has been filed to set aside the Arbitral Award passed by the learned Arbitrator dated 03.03.2024.
2. Mr.M.K.Kabir, learned Senior counsel for the Petitioner would submit that the dispute between the parties has been amicably settled and hence, he seeks leave of this Court to withdraw this petition.
3. The learned counsel for the respondent had confirmed the above submission made by the petitioner. Further, since the matter has been amicably settled between the parties, he seeks leave of this Court to withdraw the application filed by the respondent in Arb.Appln.No.55 of 2023.
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4. Both the learned counsel for the petitioner and the respondent pray for refund of full Court fee, which was paid by them in their respective petition and application, in view of Section 89(2) of CPC and Section 69A of the Tamil Nadu Court fee and Suit Valuation Act, 1955 and in view of decision of the Honourable Supreme Court reported in 2021 SCC Online SC 109 (The High Court of Judicature at Madras Vs. M.C.Subramaniam and others).
5. In the light of the above said decision of the Honourable Supreme Court and Section 89(2) of CPC and Section 69A of the Tamil Nadu Court Fee and Suit Valuation Act, 1955, the petitioner and the respondent are entitled to refund of full Court fee, which was paid by them in their respective petition and application.
6. Accordingly, recording the submissions of the learned counsel for the petitioner and the respondent, this Arbitration Original Petition and the Arbitration Application in Arb.Appln.No.55 of 2023 are dismissed as withdrawn. Consequently, the connected application is also closed. 3/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.)No.129 of 2024
7. The Registry is directed to refund the full Court fee subject to all procedural formalities in this regard being complied with, by way of a negotiable instrument in favour of the learned counsel for the Petitioner (for Arb.O.P.(Com.Div.)No.129 of 2024) and the respondent (for Arb.Appln.No.55 of 2023), within a period of four weeks from the date of receipt of a copy of this order.
12.06.2024 Speaking/Non-speaking order Index : Yes / No Neutral Citation: Yes / No nsa 4/5 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.)No.129 of 2024 KRISHNAN RAMASAMY.J., nsa Arb.O.P.(Com.Div.)No.129 of 2024 & Arb.Appln.No.55 of 2023 & A.No.1639 of 2024 12.06.2024 5/5 https://www.mhc.tn.gov.in/judis