IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.A Nos.1301 to 1303 of 2010
M/s.Alfred Berg & Co.(I) Pvt. Ltd., Rep. by its Director Mr.Chandrakanth R.Jain 1, Hunters Road, Choolai, Chennai - 600 112. ...Appellant in all WAs Vs The Managing Director, Tamil Nadu Medical Services Corporation Ltd., II Floor, 417, Pantheon Road, Egmore, Chennai - 600 008. ...Respondent in all WAs Prayer:- Writ Appeals filed under clause 15 of the Letter Patent against the order dated 22.04.2010 made in W.P.No.21370, 21371 and 21372 of 2005 respectively.
For Appellant : Mr.K.Ramasamy Senior Counsel for Ms.R.Nirmala Devi For Respondent : Mr.Shivakumar
C O M M O N J U D G M E N T
K.K. SASIDHARAN,J.
These three intra court appeals are directed against the common order dated 22 April, 2010 in W.P.Nos.21370, 21371 and 21372 of 2005, giving liberty to the appellant to take appropriate proceedings either before the Civil Court or Arbitrator.
2. The parties have now filed joint Memo through their respective counsel, agreeing to refer the matter to the named Arbitrator. The joint Memo filed by the parties reads thus:
"The parties here to agree as follows:
1. The appellant shall withdraw the above appeals as per his letter dated 22.07.2016.
2. The appellant has sought for arbitration for claiming the cost of the drugs consumed by respondent of Rs.3024677/-
3. The respondent contention is that the claim by the appellant is not justified and in any event is hopelessly barred by limitation. Without prejudice to this contention, the respondent doesn't have any objection for the above claim of the appellant being referred to arbitration.
4. Parties agree that Mr.NC Ramesh, Senior Advocate having his office at New No.6 (Old No.25) East Road, Flat-S.1, II Floor, Raj Motor Apartments, West C.I.T. Nagar, Chennai - 600 035. Phone : 2435 8509 Mobile : 98412 12720 shall be appointed as the arbitrator, regarding the appellant's claim for the said sum of Rs.3024677/- against the respondent. The respondent shall be at liberty to raise all defences before the arbitrator including its contention that the claim by the appellant for the cost of the drugs consumed by respondent of Rs.3024677/- is not justified and in any event is hopelessly barred by limitation."
3. The learned single Judge, while negativing the prayer made by the appellant, made it clear that the period of limitation spent by them during the pendency of the writ petitions would stand excluded. We are making a similar observation with regard to the period spent by the appellant for prosecuting these appeals.
4. The intra court appeals are disposed of in terms of the Memo of Compromise dated 28 June 2017. No costs.
svki (K.K.SASIDHARAN.,J.) (M.DHANDAPANI.,J.) 29 June 2017 K.K.SASIDHARAN,J.
and M.DHANDAPANI,J.
(svki)
W.A Nos.1301 to 1303 of 2010
29.06.2017