Larsen And Toubro Limited v. Bgr Energy Systems Limited And 9 Others

O.A Nos.151 to 155 of 2023 C.V.KARTHIKEYAN, J.

The learned counsel for the applicant had filed a Withdrawal Memo dated 21.11.2024. The memo is extracted below: "The Applicant humbly submits as follows:

1. The Applicant herein preferred an application under Section 9 of the Arbitration and Conciliation Act, 1996 ('Act'), seeking the following reliefs:

In light of the aforementioned facts and circumstances, it is humbly prayed that this Hon'ble Court may be pleased to:

(i) Grant an order of interim injunction restraining Respondent Nos.2 to 10/Garnishees from making any payments to the 1st Respondent pending adjudication of the disputes between the Parties; (ii) Direct Respondent Nos.2 to 10/Garnishees to disclose on an Affidavit the exact dues owed by them to the 1st Respondent within such time as may be fixed by this Hon'ble Court; and (iii) Pass such other further order/s and/or direction/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

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2. Subsequently, the parties entered into a Joint Memo dated 09.08.2023, and agreed that for the project with Neyveli Uttar Pradesh Power Limited (NUPPL), the parties would execute a Tripartite Agreement, wherein an admitted amount of Rs.7.90 crores payable by Respondent would be routed through NUPPL, a Public Sector Undertaking. The said Tripartite Agreement was executed on 27.08.2024.

3. With respect to the remaining amount of Rs. 1.01 crore payable by Respondent to Applicant under the Dr. NTTTPS Project, it was agreed and admitted by Respondent that the same would be paid by December, 2023. However, to date, the same has not been complied with the Respondent.

In light of the above, it is humbly prayed that this Hon'ble Court may be pleased to dispose of the present applications as withdrawn, with liberty to the Applicant to take necessary steps permissible in law against the Respondent for the breach of the Joint Memo dated 09.08.2023 and pass such further or other orders as this Hon'ble Court may deem fit in the facts and circumstances of this case and thus render justice. Dated at Chennai on this the 21st November 2024. -sd/- 2/4

Counsel for the Applicant"

2.In view of the said Withdrawal Memo, these Original Applications stand disposed of but however, retaining liberty to the applicant to take steps as permissible in law against the respondent, if there is breach of any of the covenants of the Joint Memo dated 09.08.2023. 21.11.2024 rsi 3/4

C.V.KARTHIKEYAN, J.

rsi O.ANos.151 to 155 of 2023 21.11.2024 4/4