Samunnati Agro Solutions Pvt Ltd v. M/S.Castle Distributors Pvt Ltd And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 20TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.1883 of 2021 in O.A.No.165 of 2021 and A.Nos.1097 and 1099 of 2021 A.No.1883 of 2021:- In the matter of Arbitration and Conciliation Act, 1996 and Arising out of Trade Facilitation Agreement dated 08.10.2020 Between the Applicants and Respondents Samunnati Agro Solutions Pvt. Ltd., Represented by its Senior Manager D.Vijayakarthi Having office at Baid Hi Tech Park, 8th Floor, No.129 B East Coast Road, Thiruvanmiyur, Chennai-600 041.
... Applicant -Versus1. M/s. Castle Distributors Pvt. Ltd., Green Plaza, 67, Maharishi Debendra Road, 4th Floor, Room No.401, Kolkatta, West Bengal - 700 006.
2. Sanjay Kumar Kejriwal Club Town, Block 6, Flat 4/A/B, V.I.P.Road, Haldiram, Rajarhat Gopalpur (m) North Parganas, West Bengal - 700052.
: Respondents
3. HDFC Bank, Represented by its Manager, 1st Floor, Gillanders House, Netaji Subash Road, Kotlkata - 700 001.
: Proposed 3rd Respondent/ 3rd Respondent Application praying that this Hon'ble Court be pleased to implead the proposed 3rd Respondent as a party to the present application in the interest of justice and to protect the interest of the applicant. O.A. No.165 of 2021 and A.Nos.1097 and 1099 of 2021:- In the matter of Arbitration & Conciliation Act, 1996 and Arising out of Trade Facilitation Agreement dated 08.10.2020 Between the Applicants and Respondents Samunnati Agro Solutions Pvt. Ltd., Represented by its Senior Manager D.Vijayakarthi Having office at Baid Hi Tech Park, 8th Floor, No.129 B East Coast Road, Thiruvanmiyur, Chennai - 600 041.
... Applicant -Versus1. M/s. Castle Distributors Pvt. Ltd., Green Plaza, 67, Maharishi Debendra Road, 4th Floor, Room No.401, Kolkatta, West Bengal - 700 006.
2. Sanjay Kumar Kejriwal Club Town, Block 6, Flat 4/A/B, V.I.P.Road Haldiram, Rajarhat Gopalpur (m) North Parganas, West Bengal - 700052.
: Respondents O.A. No.165 of 2021:- Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the Respondents their men, agents, servants or anybody claiming right either under or through them from disposing of, alienating, encumbering any of their assets, instruments (shares, debentures, stocks, etc.,) movable and immovable properties more fully described in but not limited to the schedule hereunder either acting through themselves or on behalf of their agents or other such persons in any manner whatsoever.
A.No.1097 of 2021:- Application praying that this Hon'ble Court be pleased to grant an order of Interim Direction to the Respondents to deposit a sum of Rs.5,13,26,683.26 (Rupees Five Crore Thirteen Lakhs Twenty Six Thousand Six Hundred Eighty Three and Twenty Six Paise only) deposit before this Hon'ble Court failing which furnish security to the extent of the total claim of Rs.5,13,26,683.26 (Rupees Five Crore Thirteen Lakhs Twenty Six Thousand Six hundred Eighty three and paise Twenty six only).
A.No.1099 of 2021:- Application praying that this Hon'ble Court be pleased to grant an order of Interim Attachment of the Respondents credit facilities sanctioned by HDFC Bank, Gillanders House, Netaji Subash Road, Kolkatta. These Applications are coming on this day before this court for hearing the court made the following order:
The learned counsel appearing for the applicant appeared through video conferencing and sought permission of this Court to withdraw the application No.1883 of 2021.
2. In view of the submission of the learned counsel appearing for the applicant through video conferencing, the application in A.No.1883 of 2021 is dismissed as withdrawn.
3. The registry is directed to post O.A.No.165 of 2021 & A.Nos.1097 and 1099 of 2021 on 04.08.2021.
Sd/.N.S.K.J.
20.07.2021 //Certified to be a true copy// Dated this the th day of 2021. su.26.07.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.