M/S Vme Precast Pvt Ltd v. Finnish Fund For Industrial
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI O.S.A.Nos.137,138,139 and 140 of 2015 & C.M.P.No.237 of 2016, M.P.Nos.1,1,1 and 1 of 2015 1.M/s. VME Precast Pvt Ltd No.364, Pillaiyar Koil Street Paneer Nagar Mogappair West Chennai-600 037 2.M/s. VME Properties Pvt Ltd Rep by its Director No.364, Pillaiyar Koil Street Chennai-600 037 .. Appellants Vs.
1. Finnish Fund for Industrial Co-operation Ltd (Finnfund) Having its office at Uudenmaankatu 16B, 4th floor F100 121, Helsinki, Finaland
represented herein by its Authorised Signatory Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank A bank constituted under the provisions of the Banking Companies (Acquisition & Transfer Undertakings) Act, 1970 and having its registered office at 10 BTM Sarani Kolkata 700 001 3.M/s. Alchemist Asset Reconstruction Company Limited rep by its Chief operating Officer D-54, 1st floor, Defence Colony, New Delhi-110 024 .. Respondents (R3 impleaded as per the order of the court made in C.M.P.No.11983 to 11986 of 2016 in O.S.A.No.137 to 140 of 2015) Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Letters Patent against the order of the learned Single Judge dated 27.04.2015 made in A.No.787 of 2014. For Appellants :
Mr.V.Kalyanaraman for M/s.Aiyar and Dolia For Respondents :
Mr.P.Giridharan for R1 Mr.V.Suthakar for R2 Mr.K.Harishankar for R3
O.S.A.No.138 of 2015 1.M/s. VME Precast Pvt Ltd No.364, Pillaiyar Koil Street Paneer Nagar Mogappair West Chennai-600 037 2.M/s. VME Properties Pvt Ltd Rep by its Director No.364, Pillaiyar Koil Street Chennai-600 037 .. Appellants Vs.
1. Finnish Fund for Industrial Co-operation Ltd (Finnfund) Having its office at Uudenmaankatu 16B, 4th floor F100 121, Helsinki, Finaland represented herein by its Authorised Signatory Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank A bank constituted under the provisions of the Banking Companies (Acquisition & Transfer Undertakings) Act, 1970 and having its registered office at 10 BTM Sarani Kolkata 700 001 3.M/s. Alchemist Asset Reconstruction Company Limited rep by its Chief operating Officer D-54, 1st floor, Defence Colony,New Delhi-110 024 .. Respondents
(R3 impleaded as per the order of the court made in C.M.P.No.11983 to 11986 of 2016 in O.S.A.No.137 to 140 of 2015) Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Letters Patent against the order of the learned Single Judge dated 27.04.2015 made in A.No.788 of 2014. For Appellants :
Mr.V.Kalyanaraman for M/s.Aiyar and Dolia For Respondents :
Mr.P.Giridharan for R1 Mr.V.Suthakar for R2 Mr.K.Harishankar for R3 O.S.A.No.139 of 2015 1.M/s. VME Precast Pvt Ltd No.364, Pillaiyar Koil Street Paneer Nagar Mogappair West Chennai-600 037 2.M/s. VME Properties Pvt Ltd Rep by its Director No.364, Pillaiyar Koil Street Chennai-600 037 .. Appellants Vs.
1. Finnish Fund for Industrial Co-operation Ltd (Finnfund) Having its office at Uudenmaankatu 16B, 4th floor F100 121, Helsinki, Finaland represented herein by its Authorised Signatory Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank A bank constituted under the provisions of the Banking Companies (Acquisition & Transfer Undertakings) Act, 1970 and having its registered office at 10 BTM Sarani Kolkata 700 001 3.M/s. Alchemist Asset Reconstruction Company Limited rep by its Chief operating Officer D-54, 1st floor, Defence Colony, New Delhi-110 024 .. Respondents (R3 impleaded as per the order of the court made in C.M.P.No.11983 to 11986 of 2016 in O.S.A.No.137 to 140 of 2015) Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Letters Patent against the order of the learned Single Judge dated 27.04.2015 made in A.No.789 of 2014. For Appellants :
Mr.V.Kalyanaraman for M/s.Aiyar and Dolia
For Respondents :
Mr.P.Giridharan for R1 Mr.V.Suthakar for R2 Mr.K.Harishankar for R3 O.S.A.No.140 of 2015 1.M/s. VME Precast Pvt Ltd No.364, Pillaiyar Koil Street Paneer Nagar Mogappair West Chennai-600 037 2.M/s. VME Properties Pvt Ltd Rep by its Director No.364, Pillaiyar Koil Street Chennai-600 037 .. Appellants Vs.
1. Finnish Fund for Industrial Co-operation Ltd (Finnfund) Having its office at Uudenmaankatu 16B, 4th floor F100 121, Helsinki, Finaland represented herein by its Authorised Signatory Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank A bank constituted under the provisions of the Banking Companies (Acquisition & Transfer Undertakings) Act, 1970 and
having its registered office at 10 BTM Sarani Kolkata 700 001 3.M/s. Alchemist Asset Reconstruction Company Limited rep by its Chief operating Officer D-54, 1st floor, Defence Colony, New Delhi-110 024 .. Respondents (R3 impleaded as per the order of the court made in C.M.P.No.11983 to 11986 of 2016 in O.S.A.No.137 to 140 of 2015) Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Letters Patent against the order of the learned Single Judge dated 27.04.2015 made in A.No.6198 of 2014. For Appellants :
Mr.V.Kalyanaraman for M/s.Aiyar and Dolia For Respondents :
Mr.P.Giridharan for R1 Mr.V.Suthakar for R2 Mr.K.Harishankar for R3 COMMON JUDGMENT (Judgment of the Court was made by S.S.SUNDAR,J.) Learned counsel appearing for the appellants submits that all these Appeals arise out of the interim order passed by the learned Single Judge of
this Court U/s. 9 Of the Arbitration and Conciliation Act, 1996. It is stated by the learned counsel for the appellants that the Arbitration Award was passed and the award was also challenged by way of a Original Petition filed by the appellants.
2. Though the Arbitral Award was confirmed, Appeal is now pending before the Hon'ble Supreme Court in S.L.P. In view of the subsequent developments and that the Arbitral Award being the subject matter of further proceedings, learned counsel appearing for the appellants states that nothing survive in these appeals and therefore the appeals may be dismissed as infructuous.
3. Recording the statement made by the learned counsel appearing for the appellants, these Original Side Appeals are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. (S.S.S.R.J) & (P.B.B.J) 05.04.2023 Internet: Yes Index:Yes/No
To 1.The Sub Assistant Registrar (Original side) High Court, Madras 2.The Section Officer VR Section, High Court, Madras
S.S.SUNDAR, J., and P.B.BALAJI,J kpr O.S.A.Nos.137,138,139 and 140 of 2015 05.04.2023