Elecon Engineering Company Ltd. A Company Incorporated Under The Companies Act 1956 v. Bgr Energy Systems Ltd. A Company Incorporate Under The Companies Act 1956 And 8 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 04TH DAY OF MARCH 2021 THE HON'BLE MS. JUSTICE P.T.ASHA A.Nos.2142 to 2146 of 2020 A.No.2142 of 2020:
In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Clause in Purchase Order No.3500002136, dated 19.07.2011 and In the matter of Arbitration relating to Marwa Project and In respect of the Award dated 01.09.2019 in the Arbitration Case No.1 of 2017 before the Arbitral Tribunal Consisting of Mr.Justice K.Govindarajan, Presiding Arbitrator, Mr.Justice G.M.Akbar Ali and Dr. Kirty Dave,Arbitrators.
ELECON ENGINEERING COMPANY LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, having its Registered office and corporate office at Anand-Sojitra Road, VallabhVidyanagar 388 120 Gujarat Represented by its Authorised Signatory. ..Applicant
-Vs1. BGR ENERGY SYSTEMS LTD.
A COMPANY INCORPORATE UNDER THE COMPANIES ACT, 1956, having its registered office at A-5 Pannamgadu, Industrial Estate, Ramapuram Post, Nellore District Andhra Pradesh - 524 401 and its corporate office at 443, Anna Salai, Teynampet, Chennai 600 018.
2. NLC INDIA LIMITED First Floor, No.8 Mayor Sathyamurthy Road, FSD Egmore, Complex of Food Corporation of India, Chetpet, Chennai Tamilnadu 600 031.
3. ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED Rd Number 1, HLC Colony Ext, Priyanka Nagar, Anantapur, Andhra Pradesh 515 001.
4. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
5. NTPC LIMITED NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi - 110 003.
6. NUCLEAR - POWER CORPORATION OF INDIA LTD 12-N-14, Vikaram Sarabhai Bhavan, Anushakthi Nagar, Mumbai-400 094.
7. B.M.M.IPSAT LTD 114 Danapur Village, Hobli Marriamanahalli Hospet Taluq, Bellary District KA 583 222.
8. TAMIL NADU TRANSMISSION CORPORATION (TANTRANSCO) LTD., Npkrr Maligai (TNEB Office), 144, Anna Salai, Chennai Tn - 600 002.
9. MAHARASHTRA STATE POWER GENERATION CO. LTD. Prakashgad, Plot No.G-9, Bandra (East) Mumbai-400 051.
..Respondents Original Application praying that this Hon'ble Court be pleased to grant a prohibitory order prohibiting the Garnishees (Respondents 2-9) from making any payment to the extent of Rs.12,83,96,866/- (Rupees Twelve Crores eighty Three Lakhs Ninety Six Thousand Eight Hundred and Sixty Six only) from the amount payable by them to the Respondent No.1 and prohibiting the Respondent No.1 from receiving the said sum from the Garnishees (Respondents2-9) until the execution of the Award dated 01/09/2019 passed in the Arbitral Proceedings between the Applicant and the Respondent No.1 and also further direct the Respondents 2-9 to deposit the said amount before this Hon'ble Court.
A.No.2143 of 2020:
In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Clause in Purchase Order
No.3500000271, dated 06.02.2008 and service order No.35000004395, dated 15.06.2010 and In the matter of Arbitration relating to Khaprekheda project and In respect of the Award dated 01.09.2019 In respect of the Award dated 01.09.2019 in the Arbitration Case No.5 of 2017 before the Arbitral Tribunal Consisting of Mr.Justice K.Govindarajan, Presiding Arbitrator, Mr.Justice G.M.Akbar Ali and Dr.Kirty Dave, Arbitrators.
ELECON ENGINEERING COMPANY LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, having its Registered office and corporate office at Anand-Sojitra Road, VallabhVidyanagar 388 120 Gujarat Represented by its Authorised Signatory. ..Applicant -Vs1. BGR ENERGY SYSTEMS LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, having its registered office at A-5 Pannamgadu, Industrial Estate, Ramapuram Post, Nellore District Andhra Pradesh - 524 401 and its corporate office at 443, Anna Salai, Teynampet, Chennai - 600 018.
2. NLC INDIA LIMITED First Floor, No.8 Mayor Sathyamurthy Road, FSD, Egmore, Complex of Food Corporation of India, Chetpet, Chennai, Tamilnadu - 600 031.
3. ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED Rd Number 1, HLC Colony Ext, Priyanka Nagar, Anantapur, Andhra Pradesh - 515 001.
4. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
5. NTPC LIMITED NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi - 110 003.
6. NUCLEAR - POWER CORPORATION OF INDIA LTD 12-N-14, Vikaram Sarabhai Bhavan, Anushakthi Nagar, Mumbai-400 094.
7. B.M.M.IPSAT LTD 114 Danapur Village, Hobli Marriamanahalli Hospet Taluq, Bellary District KA 583 222.
8. TAMIL NADU TRANSMISSION CORPORATION (TANTRANSCO) LTD., Npkrr Maligai (TNEB Office), 144, Anna Salai, Chennai Tn - 600 002.
9. MAHARASHTRA STATE POWER GENERATION CO. LTD. Prakashgad, Plot No.G-9, Bandra (East) Mumbai-400 051.
..Respondents Application praying that this Hon'ble Court be pleased to grant a prohibitory order prohibiting the Garnishees (Respondents 2-9) from
making any payment to the extent of Rs.11,03,64,047/- (Rupees Eleven Crores Three Lakhs sixty Four Thousand and Forty Seven only) from the amount payable by them to the Respondent No.1 and prohibiting the Respondent No.1 from receiving the said sum from the Garnishees (Respondents 2-9) until the execution of the Award dated 01/09/2019 passed in the Arbitral Proceedings between the Applicant and the Respondent No.1 and also further direct the Respondents 2-9 to deposit the said amount before this Hon'ble Court.
A.No.2144 of 2020:
In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Clause in Purchase Order No.3500004565, dated 03.11.2012 and In the matter of Arbitration relating to TRN Project and In respect of the Award dated 01.09.2019 in the Arbitration Case No.2 of 2017 before the Arbitral Tribunal Consisting of Mr.Justice K.Govindarajan, Presiding Arbitrator, Mr.Justice G.M.Akbar Ali and Dr. Kirty Dave,Arbitrators.
ELECON ENGINEERING COMPANY LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, having its Registered office and corporate office at Anand-Sojitra Road, VallabhVidyanagar 388 120 Gujarat Represented by its Authorised Signatory. ..Applicant -Vs1. BGR ENERGY SYSTEMS LTD.
A COMPANY INCORPORATE UNDER THE COMPANIES ACT, 1956, having its registered office at A-5 Pannamgadu, Industrial Estate, Ramapuram Post, Nellore District Andhra Pradesh - 524 401 and its corporate office at 443, Anna Salai, Teynampet, Chennai - 600 018.
2. NLC INDIA LIMITED First Floor, No.8 Mayor Sathyamurthy Road, FSD, Egmore, Complex of Food Corporation of India, Chetpet, Chennai, Tamilnadu - 600 031.
3. ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED Rd Number 1, HLC Colony Ext, Priyanka Nagar, Anantapur, Andhra Pradesh - 515 001.
4. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
5. NTPC LIMITED NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi - 110 003.
6. NUCLEAR - POWER CORPORATION OF INDIA LTD 12-N-14, Vikaram Sarabhai Bhavan, Anushakthi Nagar, Mumbai-400 094.
7. B.M.M.IPSAT LTD 114 Danapur Village, Hobli Marriamanahalli Hospet Taluq, Bellary District KA 583 222.
8. TAMIL NADU TRANSMISSION CORPORATION (TANTRANSCO) LTD., Npkrr Maligai (TNEB Office), 144, Anna Salai, Chennai Tn - 600 002.
9. MAHARASHTRA STATE POWER GENERATION CO. LTD. Prakashgad, Plot No.G-9, Bandra (East) Mumbai-400 051.
..Respondents Application praying that this Hon'ble Court be pleased to grant a prohibitory order prohibiting the Garnishees (Respondents 2-9) from making any payment to the extent of Rs.21,46,350/- (Rupees Twenty One Lakhs Forty Six Thousand Three Hundred and fifty only) from the amount payable by them to the Respondent No.1 and prohibiting the Respondent No.1 from receiving the said sum from the Garnishees (Respondents2-9) until the execution of the Award dated 01/09/2019 passed in the Arbitral Proceedings between the Applicant and the Respondent No.1 and also further direct the Respondents 2-9 to deposit the said amount before this Hon'ble Court.
A.No.2145 of 2020:
In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Clause in Purchase Order No.3500001133, dated 12.05.2009 and In the matter of Arbitration relating to Mettru Project and In respect of the Award dated 01.09.2019 in the Arbitration Case No.4 of 2017 before the Arbitral Tribunal Consisting of Mr.Justice K.Govindarajan, Presiding Arbitrator, Mr.Justice G.M.Akbar Ali and Dr. Kirty Dave,Arbitrators.
ELECON ENGINEERING COMPANY LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, having its Registered office and corporate office at Anand, Sojitra Road, VallabhVidyanagar - 388 120 Gujarat Represented by its Authorised Signatory. ..Applicant -Vs1. BGR ENERGY SYSTEMS LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, having its registered office at A-5 Pannamgadu, Industrial Estate, Ramapuram Post, Nellore District
Andhra Pradesh - 524 401 and its corporate office at 443, Anna Salai, Teynampet, Chennai - 600 018.
2. NLC INDIA LIMITED First Floor, No.8 Mayor Sathyamurthy Road, FSD, Egmore, Complex of Food Corporation of India, Chetpet, Chennai, Tamilnadu - 600 031.
3. ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED Rd Number 1, HLC Colony Ext, Priyanka Nagar, Anantapur, Andhra Pradesh - 515 001.
4. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
5. NTPC LIMITED NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi - 110 003.
6. NUCLEAR - POWER CORPORATION OF INDIA LTD 12-N-14, Vikaram Sarabhai Bhavan, Anushakthi Nagar, Mumbai-400 094.
7. B.M.M.IPSAT LTD 114 Danapur Village, Hobli Marriamanahalli Hospet Taluq, Bellary District KA 583 222.
8. TAMIL NADU TRANSMISSION CORPORATION (TANTRANSCO) LTD., Npkrr Maligai (TNEB Office), 144, Anna Salai, Chennai Tn - 600 002.
9. MAHARASHTRA STATE POWER GENERATION CO. LTD. Prakashgad, Plot No.G-9, Bandra (East) Mumbai-400 051.
..Respondents Application praying that this Hon'ble Court be pleased to grant a prohibitory order prohibiting the Garnishees (Respondents 2-9) from making any payment to the extent of Rs.3,31,96,734/- (Rupees Three Crores Thirty One Lakhs Ninety Six Thousand Seven Hundred and Thirty Four only) from the amount payable by them to the Respondent No.1 and prohibiting the Respondent No.1 from receiving the said sum from the Garnishees (Respondents 2-9) until the execution of the Award dated 01/09/2019 passed in the Arbitral Proceedings between the Applicant and the Respondent No.1 and also further direct the Respondents 2-9 to deposit the said amount before this Hon'ble Court.
A.No.2146 of 2020:
In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration Clause in Purchase Order No.3500002117, dated 24.06.2010 and service Order No.3300006015, dated 01.06.2011 and In the matter of Arbitration relating to Chandrapur Project and In respect of the Award dated
01.09.2019 in the Arbitration Case No.3 of 2017 before the Arbitral Tribunal Consisting of Mr.Justice K.Govindarajan, Presiding Arbitrator, Mr.Justice G.M.Akbar Ali and Dr. Kirty Dave,Arbitrators.
ELECON ENGINEERING COMPANY LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, having its Registered office and corporate office at Anand, Sojitra Road, VallabhVidyanagar - 388 120 Gujarat Represented by its Authorised Signatory. ..Applicant -Vs1. BGR ENERGY SYSTEMS LTD.
A COMPANY INCORPORATE UNDER THE COMPANIES ACT, 1956, having its registered office at A-5 Pannamgadu, Industrial Estate, Ramapuram Post, Nellore District Andhra Pradesh - 524 401 and its corporate office at 443, Anna Salai, Teynampet, Chennai - 600 018.
2. NLC INDIA LIMITED First Floor, No.8 Mayor Sathyamurthy Road, FSD, Egmore, Complex of Food Corporation of India, Chetpet, Chennai, Tamilnadu - 600 031.
3. ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED Rd Number 1, HLC Colony Ext, Priyanka Nagar, Anantapur,
Andhra Pradesh - 515 001.
4. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600002.
5. NTPC LIMITED NTPC Bhawan, SCOPE Complex, Institutional Area, Lodhi Road, New Delhi - 110 003.
6. NUCLEAR - POWER CORPORATION OF INDIA LTD 12-N-14, Vikaram Sarabhai Bhavan, Anushakthi Nagar, Mumbai-400 094.
7. B.M.M.IPSAT LTD 114, Danapur Village, Hobli Marriamanahalli Hospet Taluq, Bellary District KA 583 222.
8. TAMIL NADU TRANSMISSION CORPORATION (TANTRANSCO) LTD., Npkrr Maligai (TNEB Office), 144, Anna Salai, Chennai Tn - 600 002.
9. MAHARASHTRA STATE POWER GENERATION CO. LTD. Prakashgad, Plot No.G-9, Bandra (East) Mumbai-400 051.
..Respondents Application praying that this Hon'ble Court be pleased to grant a prohibitory order prohibiting the Garnishees (Respondents 2-9) from making any payment to the extent of Rs.14,44,07,793/- (Rupees Forteen Crores Forty Four Lakhs Seven thousand Seven Hundred and Ninety Three
only) from the amount payable by them to the Respondent No.1 and prohibiting the Respondent No.1 from receiving the said sum from the Garnishees (Respondents2-9) until the execution of the Award dated 01/09/2019 passed in the Arbitral Proceedings between the Applicant and the Respondent No.1 and also further direct the Respondents 2-9 to deposit the said amount before this Hon'ble Court.
These applications are coming on this day before this court for hearing the court made the following order:
The learned counsel for the applicant seeks permission of this Court to withdraw these applications. He has also made an endorsement to that effect.
Recording the endorsement made by the learned counsel for the applicant, these Applications are dismissed as withdrawn. Sd/.P.T.A.J.
04.03.2021 //Certified to be a true copy// Dated this the th day of 2021. Su.16.03.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.