Madras High Court
S.Mohammed Zumayl vs The Chief General Manager on 4 March, 2022
Arb O.P.(Com. Div.)No.94 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.03.2022
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
Arb O.P.(Com. Div.)No.94 of 2022
S.Mohammed Zumayl
50/76, Poes Garden
Chennai-600 086. ... Petitioner
vs.
1. The Chief General Manager
M/s.Bharat Sanchar Nigam Ltd.,
Chennai Telephones
No.78, Purasawalkam High Road
Chennai-600 007.
2. The Deputy General Manager (NWO) (NP)
M/s.Bharat Sanchar Nigam Ltd.,
Chennai Telephones
E-6, III Avenue, Anna Nagar East
Chennai-600 102.
3. The Deputy General Manager (O & W)
M/s.Bharat Sanchar Nigam Ltd
Anna Nagar
No.W 765/2, Anna Nagar Western Extn
Chennai-600 102. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
Arb O.P.(Com. Div.)No.94 of 2022
Prayer:
Arbitration Original Petition filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 to
(a) appoint an arbitrator to adjudicate the disputes between the
petitioner and the respondent in terms of the arbitration agreement dated
16.01.2019; and
(b) direct the respondent to pay costs;
For petitioner : Mr.Prashant Rajagopal
ORDER
When the matter was taken up for hearing, Mr.Prashant Rajagopal,
learned counsel for petitioner sought leave of this Court to withdraw the
captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of
convenience and clarity] and made a plea to preserve all the rights and
contentions of the petitioner to approach the appropriate forum.
2. Learned counsel very fairly submitted that the captioned Arb OP
was presented in this Court on 06.12.2021 but thereafter a judgment of this
Court in Civil Revision Petition (NPD) Nos.3056, 3061, 3062, 3063, 3067
and 3094 of 2021 was rendered on 04.02.2022 (reported in 2022 SCC
OnLine Mad 375).
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Arb O.P.(Com. Div.)No.94 of 2022
3. Learned counsel has made an endorsement in the case file which
reads as follows:
4. In the light of the narrative thus far, aforementioned endorsement
made by counsel on record for petitioner in the case file and reiteration of the
same in the hearing, captioned Arb OP is disposed of as withdrawn/closed
albeit preserving all the rights and contentions of petitioner including rights
of petitioner to approach the appropriate forum under law. Though obvious,
it is made clear that this Court has not expressed any view or opinion on the
merits of the matter in this order. It is also made clear that if the petitioner
approaches the appropriate forum, the authority concerned shall consider the
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Arb O.P.(Com. Div.)No.94 of 2022
matter on its own merits and in accordance with law
uninfluenced/untrammelled by this order. For the sake of further specificity,
it is made clear that all questions raised in captioned Arb OP are also left
open.
5. Captioned Arb OP is disposed of as withdrawn/closed albeit
preserving the rights of the petitioner in the aforesaid manner. There shall be
no order as to costs.
04.03.2022
Speaking/Non-speaking order
Index : Yes / No
Internet : Yes / No
mk
https://www.mhc.tn.gov.in/judis
Arb O.P.(Com. Div.)No.94 of 2022
M.SUNDAR. J.,
mk
Arb O.P.(Com. Div.)No.94 of 2022
04.03.2022
https://www.mhc.tn.gov.in/judis
