At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M. SUNDAR
For the Petitioner: V. Lakshmi Narayanan, Avinash Wadhwani, Advocates. For the Respondent: K.R. Harin, Advocate.
(Prayer: 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.)
1. 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.
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:
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 understand
Please Login To View The Full Judgment!
ing 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.