IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE K.VENKATARAMAN O.S.A.NO.199 OF 2004 P.A.Rajendran .. Appellant Vs. M/s.Essaras Exports (India) Ltd., rep. by its Managing Director, P.A.Sanjeevi, Plot No.1420, 13th Main Road, Anna Nagar West, Madras-40 .. Respondent This O.S.A. has been preferred under Section 483 of the Companies Act read with Clause 15 of Letters Patent against the order and decree of the learned Single Judge made in C.P.No.3 of 1996, dated 25.10.2002 on the file of Company Court Jurisdiction, Original Side, High Court, Madras. For Appellant : Mr.R.Subramanian, SC for Ms.Hemalatha For Respondent : Mr.P.S.Raman, SC for Mr.T.V.Badrinarayanan JUDGMENT (The judgment of the Court was made by M.CHOCKALINGAM, J.) This appeal challenges an order of dismissal of a petition for winding up filed by the appellant herein. 2.At the time when the matter was taken up for enquiry, a joint memo was filed, stating that the matter could be referred to arbitration manned by a Retired Judge or a Senior Member of the Bar along with an experienced Chartered Accountant and the scope of the arbitration is also stated in the joint memo. 3.The Court heard the learned counsel on either side. The joint memo filed by both the parties is recorded. Accordingly, Mr. Mohandoss, Retired District Judge, is appointed as Arbitrator, who can have the assistance of M/s.Gopinath & Co., 5/2, Krishnaswami Avenue, Luz Church Road, Mylapore, the Chartered Accountant for https://hcservices.ecourts.gov.in/hcservices/ arbitral proceedings for the valuation of the property, etc., as found in the joint memo filed by both the parties. The Arbitrators so appointed shall file the award within a period of three months. The parties are at liberty to fix the remuneration of the Arbitrators, namely the Retired Judge and the Chartered Accountant. Accordingly, this original side appeal is disposed of. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vvk To 1. The Sub Assistant Registrar Original Side, High Court, Madras.104 2. Mr. Mohandas District Judge (Retd.) C/o. Mr.S. Vijayakumar ISt Floor, Rear Side, Cathlic Centre, No.64 Armenian Street, Chennai-1 3. M/s. Gopinath and Co Chartered Accountant 5/2 Krishnaswami Avenue Luz Church Road, Mylapore, Chennai. 1 cc to Mr.T.V. Badrinarayanan, Advocate, SR. 39777 O.S.A.NO.199 OF 2004 MDR (CO) kk 11/8 https://hcservices.ecourts.gov.in/hcservices/