M/S.Bharat Petroleum Corporation Limited v. M/S.Samalpatti Power Co. Pvt. Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 15TH DAY OF MARCH 2021 THE HON'BLE MS. JUSTICE P.T.ASHA O.A.No. 140 of 2021 and A.Nos.972 and 973 of 2021 In the matter of Arbitration and Conciliation Act 1996 and In the matter of Arbitration relating to disputes between M/s.Bharat Petroleum Corporation Limited and M/s.Samalpatti Power Pvt.Ltd., M/S.BHARAT PETROLEUM CORPORATION LIMITED No.1, Ranganathan Garden, Anna Nagar, Chennai - 600 040, Rep.by its Territory Manager (Industrial) ..Applicant in O.A.No. 140 of 2021 and A.Nos.972 and 973 of 2021 -VsM/S.SAMALPATTI POWER CO. PVT. LTD.
Sreyas Virat, No.14, First Floor, Third Cross Road, Raja Annamalaipuram, Chennai-600 028 Rep.by its Managing Director.
..Respondent in O.A.No. 140 of 2021 and A.Nos.972 and 973 of 2021
O.A.No.140 of 2021:
Original Application praying that this Hon'ble Court be pleased to Grant an Interim Injunction restraining the Respondent, its men, agents, directors, representatives, officers etc. from disposing off, conveying, selling, mortgaging, creating any charge encumbering, alienating and/or dealing in any manner whatsoever with the immovable property described in Schedule A (in the original application) and the Shares Described in Schedule B (in the original application).
A.No.972 of 2021:
Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.216,66,37,167/- (Rupees Two Hundred and Sixteen Crores Sixty Six Lakhs Thirty Seven Thousand One Hundred and Sixty Seven only) and interest at the rate of 9% per annum till the date of realization granted to the Petitioner/Decree Holder under the Arbitration Award dated 05/11/2019 failing which attach the Shares described in the Schedule B in the Application. A.No.973 of 2021:
Application praying that this Hon'ble Court be pleased to direct the respondent to furnish security for the sum of Rs.216,66,37,167/- (Rupees Two Hundred and Sixteen Crores Sixty Six Lakhs Thirty Seven Thousand
One Hundred and Sixty Seven only) and interest at the rate of 9 percent per annum till the date of realization granted to the Petitioner/Decree Holder under the Arbitration Award dated 05/11/2019 failing which attach the immovable property described in the Schedule A in the application. These Original Application and Applications are coming on this day before this court for hearing the court made the following order: In the light of the Judgement in OSA.No.53 of 2021, the counsel for the petitioner seeks to withdraw the above applications.
2. The applications are therefore dismissed as withdrawn. Sd/.P.T.A.J.
15.03.2021 //Certified to be a true copy// Dated this the th day of 2021. Su.18.03.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.