Indowind Energy Ltd v. The Bank Of New York Mellon

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2020 CORAM :

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM AND THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA in O.S.A.SR No.41879 of 2020 (Heard through Video Conferencing) Indowind Energy Ltd., Incorporated under the provisions of The Companies Act, 1956 and having its Registered Office at IV Floor, Kothari Buildings, 114, Mahatma Gandhi Salai, Nungambakkam, Chennai-600 034.

.. Petitioner/Appellant -vsThe Bank of New York Mellon, a company incorporated in New York, under the laws of the State of New York, Having its registered office at One Wall Street, New York, NY 102 68 and having its Principal Office at 1/4

One Canada Square, 40 th Floor, Londin, E14, 5AL, United Kingdom, through its Attorney Mr.Navneet Singh.

.. Respondent/Respondent Prayer in C.M.P. :- Petition filed to dispense with the production of the impugned order and decretal order dated 20.05.2020, passed in Company Petition No.172 of 2011, by the learned Single Judge of this Hon'ble Court. Prayer in O.S.A. :- Appeal filed under Order 36 Rule 1 of Original Side Rules read with Clause 15 of Letters Patent to set aside the Judgment and Decree dated 20.05.2020 passed by this Court in Company Petition No.172 of 2011. For Petitioner :

Mr.Murali Kumaran, for M/s.McGAN Law Firm For Respondents :

Mr.Rahul Balaji

ORDER

(Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.Murali Kumaran, learned counsel for the petitioner for M/s.McGAN Law Firm, and Mr.Rahul Balaji, learned counsel accepting notice on behalf of the respondent.

2/4

2.Satisfied with the reasons assigned in the affidavit filed in support of this civil miscellaneous petition, the production of the original fair and decretal order in C.P.No.172 of 2011, dated 20.05.2020 is dispensed with for the present. 3.Registry is directed to number the Appeal, if otherwise in order and list the matter on 22.06.2020.

4.Mr.Murali Kumar, learned counsel for the petitioner requested that the matter should be numbered and listed immediately on 19.06.2020, however, due to lock-down, that may not be possible. The apprehension expressed by Mr.Murali Kumaran, learned counsel for the petitioner was taken note of by Mr.Rahul Balaji, learned counsel for the respondent, who submitted that nothing as apprehended, is going to happen within the next three days, but would request the learned counsel for the petitioner to come forward with a proper proposal, the matter is pending since 2011.

(T.S.S., J.) (P.S.N., J.) 18.06.2020 abr/asr 3/4

T.S.Sivagnanam, J.

and Pushpa Sathyanarayana, J.

abr 18.06.2020 4/4