Johnson Controls Inc v. Pricol Limited 109 Race

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.4.2015

CORAM:

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN CMA.No.2230 of 2014 and C.R.P.NPD.No.3310 of 2014 1.Johnson Controls Inc.

Johnson Controls Automotive Experience, 49200 Halyard Drive, Plymouth, MI 48170, U.S.A.

Through their lawful Power of Attorney Holder Mr.Pramod Kumar Aggarwal 2.Johnson Controls Enterprise Ltd., The Briars, Waterberry Drive, Hunts, Waterlooville, United Kingdom PO7 7YH Through their lawful Power of Attorney Holder, Mr.Pramod Kumar Aggarwal ... Appellants / 3rd and 2nd Respondents -Versus1.Pricol Limited, 109, Race Course, Coimbatore-641 018 India (formerly located at 702/7, Avinashi Road, Coimbatoare-641031 India.

2.Johnson Controls Pricol Private Ltd., (Formerly known as Pricol Pune Limited), Survey No.1065 & 1066, Pirangur Village, Mulshi Taluk, Pune-412 018.

... Respondents/ Detenu I Respondent

C.R.P.NPD.No.3310 of 2014 1.Visteon Corporation (Ole Village Center Drive Van Buren Township Michigan 48111 USA) 2.Visteon Automative Systems India Private Limited (Keelakaranai Village Malrosaburam Post, Chengalpet, Tamil Nadu-603 204 India) 3.Mr.Martin Thall Executive Vice President & President-Viseon Electronics (Visteon Corporation One Village Center Drive Van Buren Township Michigan 48111 USA) 4.Mr.Peter Ziparo, Vice President & General Counsel Visteon Corporation (One Village Center Drive Van Buren Township Michigan 48111 USA) 5.Mr.Alastair Parke Director, Corporate Transactions, Visteon Corporation (One Village Center Drive Van Buren Township Michigan 48111. USA) 6.Mr.Daniel A.Linder General Manager Electronics Product Group Asia Pacific Asia Pacific Corporate Office (Visteon Asia Pacific Inc.

17th Floor, Hongwell International Plaza No.1602 West Zhongshan Road, Shanghai, 200235 China)

7. Mr.Bob Vallance (804, Hazelwood, Halland, Michigan-494424, USA)

8.Mr.Mathew Cole (12, Rue Des Anciennes Granges, Saint nom La Breteche, France-78860) ... Petitioners versus 1.Pricol Limited 109,Race Course Coimbatore-641018 India (formerly located at 702/7 Avinashi Road Coimbatore-641037, India) 2.Johnson Controls Pricol Private Limited (formerly known as Pricol Pune Ltd.), Survey No.1065 & 1066 Pirangut Village Mulshi Taluka, Pune-412108 3.Johnson Controls Enterprise Limited (2, The Briars Waterberry Drive Hunts, Waterlooville United Kingdom P07 7YH) 4.Johnson Controls Inc (Corporate Headquarters 5757 N Green Bay Avenue P O Box 591 Milwaukee, WI 53201 USA) ... Respondents This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Order XLIII (1) (u) of CPC against the judgement and decree dated 13.6.2014 in A.O.P.No.62 of 2014 on the file of the Principal District Judge, Coimbatore (the "Lower Court").

CRP.NPD.No.3310 of 2014 This civil revision petition is filed under Section 227 of the Constitution of India to set aside the order dated 22.07.2014 passed in I.A.No.748 of 2014 in A.O.P.No.62 of 2014 by the Principal District Judge at Coimbatore.

For Appellants : Mr.Sidhartha Barua Ghy (in C.M.A.No.2230/2014)

For Respondents M/s.Chitra Narayan for R1 Mr.M.D.Srinivasan for R2 (in C.M.A.No.2230/2014) For Petitioners : Mr.R.Parthasarathy for Mr.Satishparasaran (In CRP.NPD.NO.3310/2014) For Respondents Mr.Chitra Narayan for R1 Mr.Srinath Sridevan for RR 3 & 4 (CRP.No.3310 of 2014)

O R D E R

The learned counsel appearing for the petitioners in revision petition as well as appellants in the appeal would submit that they would like to withdraw the revision petition as well as appeal and they have also made endorsements to that effect. 2.

In view of the endorsements and the representations made by the respective counsels for the revision petitioners as well as the appellants, the civil revision petition as well as the appeal are dismissed.

No costs.

Consequently the connected M.P.Nos.1,2,3,4,5 of 2014 in CMA.No.2230 of 2014 and M.P.No.1 of 2014 in CRP.No.3310 of 2014 are closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vk To Principal District Judge, Coimbatore.

2 ccs to M/s. satish Parasaran, Advocate, Sr. 23933 & 23934 2 ccs to M/s. Srinath Sridevan, advocate, sr. 24037, 24038 1 cc to M/s. Siddhartha Barua, Advocate, Sr. 23962 and C.R.P.No.3310 of 2014 UG (CO) kk 30/4