M/S.Edac Engineering Ltd, Rep.By Its Asst Manager -Legal v. M/S.Industrial Fans (India) Pvt. Ltd. Rep.By Its Managing Director Mr.C.Arunagiri
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14/6/2021 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR EDAC Engineering Ltd rep. By its Asst Manager - Legal 88 Mount Road Guindy Chennai 600 032.
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Applicant Vs
1. Industrial Fans (India) Pvt Ltd rep. By its Managing Director Mr.C.Arunagiri Nellikuppam High Road Karayambedu Village Guduvancherry Chengalpattu Taluk Kanchipuram District.
2. The Branch Manager State Bank of India Trade Finance CPC No.157 Anna Salai Chennai 600 008.
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Respondents 1/5
Prayer: Petition filed under Order XIV Rule 8 of Original Side Rules read with Section 9 of Arbitration and Conciliation Act, 1996, to grant an injunction restraining the respondents from revoking the Advance Bank Guarantees No.0505615BG0007765, dated 20/4/2015, for a sum of Rs.21,65,079/- (Rupees Twenty one lakhs sixty five thousand and seventy nine only) and ABG No.0505615BG0007833, dated 28/4/2015, for a sum of Rs.65,47,018/- (Rupees Sixty five thousand forty seven thousand and eighteen only) and ABG No.0505617BG0014442, dated 30/12/2017, for a sum of Rs.30,00,000/- (Rupees Thirty lakhs only) issued by the second respondent and Performance Guarantees PBG No.0505615BG0007834, dated 28/4/2015, for a sum of Rs.77,50,000/- (Rupees Seventy Seven lakhs fifty thousand only) and PBG No.0505615BG0007766 dated 20/4/2015 for a sum of Rs.77,50,000/- (Rupees Seventy Seven lakhs fifty thousand only) issued by the second respondent, pending the receipt of the final award passed by the Arbitrator.
For petitioner ...
Mr.R.Rathidevi For respondents ...
Mr.J.Nandagopal for R.1.
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O R D E R
This Original Application has been filed to grant an injunction, restraining the respondents from revoking the Advance Bank Guarantees No.0505615BG0007765, dated 20/4/2015, for a sum of Rs.21,65,079/- (Rupees Twenty one lakhs sixty five thousand and seventy nine only) and ABG No.0505615BG0007833, dated 28/4/2015, for a sum of Rs.65,47,018/- (Rupees Sixty five thousand forty seven thousand and eighteen only) and ABG No.0505617BG0014442, dated 30/12/2017, for a sum of Rs.30,00,000/- (Rupees Thirty lakhs only), issued by the second respondent and Performance Guarantees PBG No.0505615BG0007834, dated 28/4/2015, for a sum of Rs.77,50,000/- (Rupees Seventy Seven lakhs fifty thousand only) and PBG No.0505615BG0007766 dated 20/4/2015 for a sum of Rs.77,50,000/- (Rupees Seventy Seven lakhs fifty thousand only) issued by the second respondent, pending the receipt of the final award passed by the Arbitrator.
2. Today, when the matter was taken up for hearing, through Video Conferencing, a counter affidavit was filed by Mr.J.Nandagopal, learned counsel appearing for the first respondent. Relying on the counter affidavit, 3/5
the learned counsel appearing for the first respondent would submit that the final award, dated 30/4/2021, passed in Arbitration Proceeding No.5/2018, by the sole Arbitrator, the Hon'ble Mr.Justice F.M.Ibrahim Kalifulla, Former Supreme Court Judge, has become final and till date, as against the said award, the applicant has not filed any Appeal, under Section 34 of the Arbitration and Conciliation Act 1996. Therefore, the present Original Application is not at all maintainable and the same is liable to be dismissed.
3. In view of the submission made by the learned counsel appearing for the first respondent, this Court is of the considered view that nothing survives for further adjudication in this matter.
4. Accordingly, this Original Application is closed. 14/6/2021 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order mvs.
N.SATHISH KUMAR,J 4/5
mvs.
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