M/S Nordic India Solutions Private Limited v. K.Vimalendiren
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 13TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration & Conciliation Act, 1996 and In the matter of M/s. Nordic (India) Solutions Pvt Ltd. And Mr. K.
Vimalendiran with regard to the Memorandum of Understanding Dated 26.07.2019.
M/s. Nordic (India) Solutions Private Limited, CIN U31300TN2010PTC075545, Represented by its Managing Director, Mr.Sathish Nair, Having its registered office at Survey NO.223/2A, Union Road, Irandamkattali, Kovur (PO), Chennai-600 128.
...Applicant
Versus
K.Vimalendiren, Residing at Plot No.13, 14, Perumal Kovil Cross Street, S3 Krishna Enclave, Gerugambakkam, Chennai 600 128.
... Respondent Application praying that this Hon'ble Court be pleased to direct the
Respondent to furnish security for the sum of Rs.1,36,00,000/- (Rupees One Crore Thirty Six Lakhs only) within a time fixed by this Hon'ble Court failing which to order of attachment of the movables properties described in the Schedule 'A' to the Judges Summons belonging to the 1st Respondent pending Arbitration proceedings between the Applicant and 1st Respondent. This application coming on this day before this court for hearing in the presence of M/s.Nathan and Associates, Advocates for the Applicant herein, and Mr. B.Manivannan, Advocate for the Respondent herein and upon reading the judges summons and the affidavit of Sathish Kumar filed herein, it is ordered as follows:- That the A.No.242 of 2021 be and is hereby dismissed.
2. That the Applicant herein shall be at liberty to go before the arbitrator, in the event the arbitration proceedings are initiated, for any interim relief.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 13TH DAY OF JULY 2021.
Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 04/08/2021
ORDER
DATED : 13.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 04/08/2021 APPROVED ON: 04/08/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 13TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR In the matter of Arbitration & Conciliation Act, 1996 and In the matter of M/s. Nordic (India) Solutions Pvt Ltd. And Mr. K.
Vimalendiran with regard to the Memorandum of Understanding Dated 26.07.2019.
M/s. Nordic (India) Solutions Private Limited, CIN U31300TN2010PTC075545, Represented by its Managing Director, Mr.Sathish Nair, Having its registered office at Survey NO.223/2A, Union Road, Irandamkattali, Kovur (PO), Chennai-600 128.
...Applicant
Versus
K.Vimalendiren, Residing at Plot No.13, 14, Perumal Kovil Cross Street, S3 Krishna Enclave, Gerugambakkam, Chennai 600 128.
... Respondent Application praying that this Hon'ble Court be pleased to direct the Respondent to furnish security for the sum of Rs.1,36,00,000/- (Rupees One
Crore Thirty Six Lakhs only) within a time fixed by this Hon'ble Court failing which to order of attachment of the movables properties described in the Schedule 'A' to the Judges Summons belonging to the 1st Respondent pending Arbitration proceedings between the Applicant and 1st Respondent. This Application coming on this day before this court for hearing and the court made the following order:- This application has been filed to direct the respondent to furnish security for a sum of Rs.1,36,00,000/- or in default for attachment of the movable properties mentioned in the judges summons.
2. In pursuant to the Order of this Court dated 09.07.2021 wherein this Court has recorded that there is no manifest intention on the part of the applicant to invoke arbitration proceedings, even today, the applicant is not able to inform whether the arbitration proceedings has been initiated or not.
3. In such view of the matter, this Court is not inclined to pass any Order in this application, as the applicant has no manifest intention to invoke arbitration proceedings.
4. Accordingly, this application is dismissed with liberty to the applicant to go before the arbitrator, in the event the arbitration proceedings are initiated, for any interim relief.
Sd./-N.S.K.J.
13/07/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.