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[Cites 3, Cited by 0]

Madras High Court

Factory At Melakottaiyur vs Mse Facilitation Council on 7 October, 2021

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                              O.P.No.491 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated 07.10.2021

                                                     CORAM:

                              THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                                O.P.No.491 of 2013


                       M/s Ador Welding Ltd.,
                       A Company incorporated under the
                       Indian Companies Act VII of 1913,
                       rep. by its Plant Incharge Mr.N.Venkatraman,
                       registered office at Ador House, 6,
                       K.Dubash Marg, Fort, Mumbai.

                       Factory at Melakottaiyur,
                       Via Vandalur, Chennai 600 048.                 ... Petitioner

                                               Vs.

                       1. MSE Facilitation Council,
                         Rep. by its Chairman, Mr.Harmandar Singh,
                         Chepauk, Chennai 600 005.

                       2. Thiru S.Ashok, Joint Secretary,
                         TANSTIA, Chennai, Member,
                          MSEF Council, Chennai Reion.

                       3. Thiru D.Gandhi Kumar,
                          Vice President, FISME, New Delhi,
                          Member, MSEF Council, Chennai Region.




                       Page 1 of 5
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                                                                                 O.P.No.491 of 2013

                       4. Thiru A.Aruna Kumar,
                          Chief Manager, Indian Overseas Bank,
                          Lead Bank, Chennai.
                          Member, MSEF Council, Chennai Region.

                       5. Thiru S.Muralidharan,
                          Regional Manager,
                          Tamil Nadu Industrial Investment Corporation,
                          Chennai. Member, MSEF Council,
                          Chennai Region.

                       6. G.K.Roofings India Pvt. Ltd.,
                          Regd. Office No.3A, 45th Street,
                          Nanganallur, Chennai 600 061.                   ... Respondents


                       PRAYER: Original Petition filed under Section 34 of the Arbitration

                       and Conciliation Act, 1996 read with Section 19 of the Micro, Small,

                       and Medium Enterprises Development Act, 2006 to set aside the Award

                       passed by the respondents 1 to 5 dated 05.02.2013, in proceedings

                       bearing No.MSEFC/CR/40/2010.



                        For petitioner         : Mr.T.Ravichandran
                       For respondents         : Mr.A.K.Sriram for
                                                 Mr.A.S.Kailasam & Associates for R6
                                                 No appearance for R1 to R5.




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                                                                                  O.P.No.491 of 2013

                                                           ORDER

This Original petition has been filed to set aside the Award passed by the respondents 1 to 5 dated 05.02.2013.

2. Today, when the matter is listed for hearing, the learned counsels appearing for the petitioner and the 6th respondent submitted that the matter has been settled between the parties. Further, it is submitted that the parties are agreed that the petitioner shall pay a sum of Rs.5,98,889/- along with interest at 12% per annum from 05.02.2013 to 05.10.2021, which comes to Rs.12,21,743/-, as full and final settlement and inview of the above, the 6th respondent shall entitle to withdraw a sum of Rs.12,21,743/- lying in the credit of O.P.491 of 2013 before this court and upon such payment, the sums adjudged payable under the Award dated 05.02.2013 shall stand satisfied.

3. To that effect, a compromise memo, duly signed by the petitioner and the 6th respondent dated 04.10.2021 has been filed, and the same is placed on record.

Page 3 of 5 https://www.mhc.tn.gov.in/judis/ O.P.No.491 of 2013

4. Accordingly, the Original Petition is disposed of in terms of the Memorandum of Compromise dated 04.10.2021. The Memorandum of Compromise shall form part of the records. No costs.





                                                                                      07.10.2021

                       Index             : Yes / No
                       Internet          : Yes / No
                       mst




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https://www.mhc.tn.gov.in/judis/ O.P.No.491 of 2013 N. SATHISH KUMAR, J.

mst O.P.No.491 of 2013 07.10.2021 Page 5 of 5 https://www.mhc.tn.gov.in/judis/