S. Shanmugam v. Devi Vasantham Builders & Developers represented by its proprietrix, Mrs. Rama Vasudevan
2013-04-08
M.JAICHANDREN, M.M.SUNDRESH
body2013
DigiLaw.ai
Judgment :- M. Jaichandren, J. 1. At this stage of the hearing of the Original Side Appeal, the learned counsel appearing on behalf of the respondent had submitted that, in view of the fact that the possession of the property in question had been handed over to the appellant, no further orders are necessary. 2. The learned counsel appearing on behalf of the appellant had not refuted the said submission made by the learned counsel appearing on behalf of the respondent. 3. It is also submitted that the parties in the present original side appeal had agreed to settle the dispute, with regard to the amounts payable, by an Arbitrator. The parties had also agreed that Hon'ble Mr. Justice S.Jagadeesan (Retired), may be appointed as the Arbitrator, to settle the issues in dispute between the parties concerned, by arbitration. 4. Accordingly, Hon'ble Mr. Justice S.Jagadeesan (Retired) is appointed as the arbitrator to settle the disputed issues arising between the parties concerned. 5. In view of the submissions made on behalf of the parties concerned, the Original Side Appeal stands closed. However, it is made clear that it would be open to the parties concerned to raise all the issues available to them relating to the amounts in dispute, before the Arbitrator. 6. It is also made clear that the parties are at liberty to raise all the disputed issues, which had not been settled, before the Arbitrator concerned. It is also made clear that the appellant is at liberty to move an appropriate application before the Arbitrator, to implead the proposed party, namely, Deepa, as per the relevant provisions of law. It is for the Arbitrator concerned to decide on the issue relating to the impleading of the proposed party, on merits and in accordance with law. No costs.