TIDEL PARK LIMITED Vs. ARKAY ENERGY (RAMESWARM) LIMITED

JUDGEMENT

(1.) Sole plaintiff in the main suit is the lone applicant herein. Defendants 1 and 2 in the main suit are the respondents 1 and 2 respectively in this application. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

(2.) Prayer paragraph in the main suit does not contain a paragraph number, but it has eight sub-paragraphs i.e., 'a' to 'h'. I deem it appropriate to extract the prayer paragraph in the main suit. The same reads as follows:

(3.) Vide separate proceedings in the main suit today (26.02.2018) and an order in Application No.1101 of 2018 (amendment application), plaint prayers contained in sub-paragraphs 'a' to 'c' have been given up in the light of a reference to arbitration made in a Section 8 application being Application No.4804 of 2011 by an order dated 17.01.2013 made by a learned single Judge of this Court. I am informed that the order of the learned single Judge was carried in appeal by way of an intra-court appeal in O.S.A.No.313 of 2013 and by an order dated 08.02.2017, the aforesaid appeal was dismissed confirming the order of the learned single Judge. In other words, there is a reference to arbitration as far as Plaint prayers 'a' , 'b' and 'c' are concerned. In such circumstances, refund of Court fee paid on the plaint with regard to sub-paragraphs 'a' 'b' and 'c' alone are sought for by the plaintiff. In sum and substance, this is the prayer in this application. In this regard, I deem it appropriate to extract the memo of valuation paragraph in the plaint, which is in tabular column form. The same reads as follows: