M/S. India Cements Capital And Finance Limited v. M/S. Jawahar Mills Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s. India Cements Capital and Finance Limited, (Formerly known as M/s.Aruna Sugars Finance Ltd.) ... Applicant Vs.

1. M/s.Jawahar Mills Ltd.

2. Mr.P.L.Vivekanandan ... Respondents Prayer: Application filed under Section 9(a)(c)(e) of the Arbitration and Conciliation Act, 1996, praying to appoint an advocate commissioner to take custody of the machinery set out in the schedule hereunder with police protection, from the place of the respondent or from such other place wherever they (machinery) are found and to deliver possession and custody of the same to the petitioners and to break open the premises where the machinery is situated, if necessary, and permit the petitioners to sell the same until further orders of this Hon'ble Court. For Applicant : Ms.Jayanthi Venkatesh For Respondents : Mr.E.Hariharan for Mr.P.L.Narayanan 1\3

O R D E R

(This case has been heard through video conference) Today, when the matter taken up for hearing, learned counsel appearing for both sides submitted that they have given change of vakalat.

2. In such view of the matter, none appeared on behalf of applicant as well as respondents, which shows that both the parties are not interested in prosecuting the case. However, as the application has been filed in the year 2007 for appointment of advocate commissioner, the prayer sought in this application has become infructuous. Accordingly, this application is dismissed as infructuous. No costs.

12.08.2021 rpp 2\3

N.SATHISH KUMAR, J.

rpp 12.08.2021 3\3