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Madras High CourtOA/265/2021closed

Michelin India Private Limited v. State Industies Promotion Corporation Of Tamil Nadu Limited

2021-07-15Honourable Mr Justice N. Sathish Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.A. Nos.265 & 266 of 2021 In the matter of Section 9 of the Arbitration and Conciliation Act, 1996 and In the matter of Arbitration of disputes arising out of Lease deed dated 21.04.2011.

Michelin India Private Limited, (formerly known as Michelin India Tamil Nadu Tyres Pvt. Ltd.,) Represented herein by its Executive Director Having its office at Shyamala Tower 3rd Floor, 136, Arcot Road, Chennai 600 093.

.... Applicant/Applicant Vs.

State Industries Promotion Corporation of Tamil Nadu Limited Represented by its Managing Director Having its office at 19-A, Rukmani Lakshmipathy Road, Post Box No.7223, Egmore, Chennai 600 008.

: Respondent/Respondent O.A.No.265 of 2021:- Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent in any manner from disturbing the peaceful possession of the respondent over the 290 acres of land leased to the respondent under the lease deed dated 21.04.2011

pursuant to the wrongful cancelation of the part of the allotment that is to the extent of unidentified 60 acres land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai pending disposal of the Arbitration. O.A.No.266 of 2021:- Original Application praying that this Hon'ble Court be pleased to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent from taking any coercive steps including resuming 60 acres of land pursuant to the wrongful cancelation of the part of the allotment that is to the extent of unidentified 60 acres land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai until disposal of the Arbitration.

These Original applications coming on this day before this court for hearing in the presence of Mr.M.S.Krishnan, Senior Counsel for Mr. C.R.Ajith, Advocates for the Applicant in both original applications and Mr.M.Karthikeyan, Standing counsel for the respondent in both original applications and upon reading the order herein dated 12.07.2021, it is ordered as follows:- That the order of interim injunction granted in pursuance of the order dated 27.04.2021 made in O.A.Nos. 265 and 266 of 2021, restraining the respondent therein, from taking possession of the excess land alone, be and is hereby extended for a further period of three months from this date.

2. That before the expiry of such period, it is open for the applicant to move before the Arbitrator for similar relief, under section 17 of the Arbitration and Conciliation Act, 1996.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JULY 2021.

Sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK-22.07.2021 O.A. Nos.265 & 266 2021 ORDER :- DATED : 15.07.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 26.07.2021 APPROVED ON:27.07.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15/7/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR O.A.Nos.265 and 266 of 2021 Michelin India Private Limited (formerly known as Michelin India Tamil Nadu Tyres Pvt Ltd) rep. By its Executive Director Having its office at Shyamala Tower, III Floor 136 Arcot road Chennai 600 093.

...

Applicant in both the Original Applications.

Vs State Industries Promotion Corporation of Tamil Nadu Limited rep. By its Managing Director Having its Office at 19 A Rukmani Lakshmipathy Road Post Box No.7223 Egmore Chennai 600 008.

...

Respondent in both the Original Applications Prayer in O.A.No.265 of 2021: Original Application has been filed under Order XIV Rule 8 of Original Side Rules read with Section 9 of the Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent in any manner from disturbing the peaceful possession of the respondent over the 290 acres of land leased to the

respondent under the lease deed dated 21/4/2011 pursuant to the wrong cancellation of the part of the allotment that is to the extent of unidentified 60 acres of land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai pending disposal of the Arbitration.

Prayer in O.A.No.266 of 2021: Original Application has been filed under Order XIV Rule 8 of Original Side Rules read with Section 9 of the Arbitration and Conciliation Act, 1996, to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent from taking any coercive steps including resuming 60 acres of land pursuant to the wrongful cancellation on the part of the allotment that is to the extent of unidentified 60 acres of land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai until disposal of the Arbitration.

For applicant ...

Mr.M.S.Krishnan Senior Counsel for Mr.C.R.Ajith For respondent ...

Mr.M.Karthikeyan Standing Counsel - - - - - - C O M M O N O R D E R Original Application No.265 of 2021 has been filed to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent in any manner from disturbing the peaceful possession of the respondent over the 290 acres of land leased to

the respondent under the lease deed dated 21/4/2011 pursuant to the wrong cancellation of the part of the allotment that is to the extent of unidentified 60 acres of land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai pending disposal of the Arbitration.

2. Original Application No.266 of 2021 has been filed to grant an order of interim injunction restraining the respondent or any other person claiming through or under the respondent from taking any coercive steps including resuming 60 acres of land pursuant to the wrongful cancellation on the part of the allotment that is to the extent of unidentified 60 acres of land in Plot A-1, SIPCOT Industrial Park at Thervoykandigai until disposal of the Arbitration.

3. Heard Mr.M.S.Krishnan, learned Senior Counsel for the petitioner and Mr.M.Karthikeyan, learned Standing Counsel for the respondent.

4. Vide, order dated 27/4/2021, this Court had granted an order of interim injunction for taking possession of the excess land alone till 3/6/2021. Subsequently, interim injunction granted was extended.

5. Interim injunction already granted is extended for a further period

of three months from today. Before the expiry of such period, it is open for the applicant to move before the Arbitrator for similar relief, under Section 17 of the Arbitration and Conciliation Act, 1996. Sd./-(N.S.K.J.,) 15/7/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.