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Madras High CourtEP/23/2024closed

M/S.Rukmani Electrical And Components Private Limited, v. Bm/S. Gr Energy Systems Ltd.

2025-02-06Honourable Mr Justice Abdul Quddhose3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M/s.Rukmani Electrical & Components Private Ltd., Rep. by its Authorised Signatory Mr.Maruthi Kabra ..

Petitioner Vs

1. M/s.BGR Energy Systems Ltd., Having Office at No.443, Anna Salai, Teynampet, Chenani - 600 018.

2. State Bank of India, Industrial Finance Branch, KRM Plaza, Ground Floor, No.2, Harrington Road, Chetpet, Chennai Tamil Nadu 600 031.

Respondents For Petitioner : Mr.S.Satyaganesh For Respondents : Mr.C.P. Prasanth Gopal for R1 Mr.B. Raghavan Naidu for R2 - - - - - This Execution Petition has been filed by the petitioner to execute the Arbitral Award passed in their favour against the 1st respondent. An 1/3

affidavit has been filed by the 2nd respondent /Garnishee before this Court in this Execution Petition. As seen from the affidavit filed by the 2nd respondent /Garnishee, they have stated a sum of Rs.2016.77 crores is due and payable to them by the 1st respondent and that no money is due and payable by them to the 1st respondent. They have categorically stated that they do not owe any money to the 1st respondent. In view of the same, this Execution Petition has to be closed, since the main prayer sought for by the petitioner in the Execution Petition is to restrain the 2nd respondent /Garnishee from making any payment to the 1st respondent, in view of the arbitral award passed in favour of the petitioner against the 1st respondent.

2. After recording the statement of the 2nd respondent /Garnishee that no monies are due and payable by them to the 1st respondent and that a sum of Rs.2016.77 crores is due and liable to be paid to them by the 1st respondent, this Execution Petition is closed. However, liberty is granted to the petitioner to file a fresh Execution Petition against the unencumbered assets of the 1st respondent to execute the arbitral award passed in their favour against the 1st respondent. 06.02.2025 vsi2 2/3

ABDUL QUDDHOSE, J.

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