M/S. Larsn And Tubro Ltd v. M/S. Geodesic Techniques (P)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH O.S.A.No.163 of 2015 M/s.Larsen & Toubro Ltd., Constructions, Buildings & Factories Mount Poonamallee Road, Manapakkam, P.B.No.979, Chennai.

... Appellant -VsM/s.Geodesic Techniques (P) Ltd., Rep. by its Construction Manager, Mr.Thamizharasan, No.4, 4th Cross St., Peenya Industrial Estate, 1st Stage, Peenya, Bangalore, Karnataka.

... Respondent Appeal filed under Order XXXVI Rule 1 of O.S.Rules read with Clause 15 of the Letters Patent against the Judgment and Decree dated 30.04.2015 made in O.A.No.221 of 2014 on the file of original side of this Court.

For Appellant :

Mr.R.Murari, Senior Counsel For M/s.Preeti Mohan For Respondent :

Mr.V.P.Sengottuvel

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The Arbitral Tribunal has been re-constituted now and the next proceedings are stated to have been fixed for 3rd March, 2016.

2.In para 33 of the impugned order, it has been made clear that interim protection has been granted for a period of three months with liberty to the parties to constitute the Tribunal https://hcservices.ecourts.gov.in/hcservices/

and keep the bank guarantee alive. Invocation has been permitted to the appellant if the respondent fails to obtain any orders from the Tribunal or fails to furnish the proof of extension.

3.The aforesaid order, thus, makes it quite clear that the forum was to be the Tribunal to determine the issue but on account of absence of functioning of the Tribunal as one of the Arbitrators was unwell, the appellant was compelled to approach this Court. The Tribunal is now working.

4.On discussion, it is agreed that the respondent would approach the Tribunal for interim relief within a period of thirty (30) days from today and the interim order operating under the impugned order dated 30.04.2015 would continue to operate till the Tribunal takes a call on the issue of interim relief and for a period of fifteen (15) days thereafter. Needless to say, the Tribunal would be uninfluenced by any observations made in the impugned order.

5.Original Side Appeal, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

+1cc to Mr.V.P.Sengottuvel, Advocate, S.R.No.12940 O.S.A.No.163 of 2015 LRS(CO) CA(09/03/2016) https://hcservices.ecourts.gov.in/hcservices/