Regen Powertech Private Ltd v. Annai Constructions

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26/8/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Original Application Nos.159 and 160 of 2019 Regen Powertech Private Limited, CIN No.U40101TN2006PTC085606 Having its registered Office at KRM Plaza, North Tower, 8th Floor, Harrington Road, Chetpet, Chennai - 600 031.

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Applicant [in both O.As] versus M/s.Annai Constructions, 4.370, Panchayath Office Street, Avaraikulam P.O., Tirunelveli District, Tamil Nadu - 627 105.

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Respondent [in both O.As] Prayer in O.A.No.159 of 2019: Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 14 (2) of the Arbitration and Conciliation Act, 1996, to pass an order of injunction restraining the respondent, its servants, agents, representatives or any other person claiming under/through him from entering the Project Site or substation or preventing any personnel of the applicant or its customers from unfettered access and use of the project site or substation at Onamakulam,

/ 2 / Thoothukudi by the applicant and its personnel that are more fully described in the schedule.

Prayer in O.A.No.160 of 2019: Application filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 14 (2) of the Arbitration and Conciliation Act, 1996, to pass an order of injunction restraining the respondent, its servants, agents, representatives or any other person claiming under/through him from in any manner interfering with the operations of the WTGs, Sub-station, infrastructure, project site and personnel situated at various locations at Onamakulam, Thoothukudi, that are more fully described in the schedule.

For applicant ...

Mr.R.Aravidhan for M/s. Mandal & Associates For respondent ...

Mr.K.Muthukumarasamy - - - - - - C O M M O N O R D E R Mr.R.Aravindhan, learned counsel for the applicant submitted that claim of the respondent has already admitted by the Resolution Professional, as per the proceedings pending in the NCLT. Hence he seeks permission of this Court to withdraw these two Original Applications.

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2. In view of the above, these Original Applications are dismissed as withdrawn. Liberty is granted to file O.As, if need arises. Sd/.N.S.K.J.

26.08.2020 //Certified to be a true copy// Dated this the day of 2020. SU/02.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.