Madras High CourtOSA/171/2011withdrawn dismissed

Ae & E Chennai Works Pvt Ltd v. Essar Projects India Ltd

2016-09-01Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.Nos.171 and 125 of 2011 O.S.A.No.171 of 2011 AE & E Chennai Works Private Limited, provisions of Companies Act, 1956 and having its office at No.53, Greams Road, Chennai Tamil Nadu-600 006 and at Bypass Road, 18/2A, Senneerkuppam, Poonamallee, Chennai-600 056.

.. Appellant/Ist Defendant/Is Respondent vs 1.Essar Projects (India) Limited, provisions of the Companies Act, 1956 and having its registered office at Essar House, 11, K.K.Marg, Mahalaxmi, Mumbai-400 034.

2.AE & E Group GmbH, law of Austria having its registered office at BrunnerstraBe 52, 1210 Wien, 3.Dr.Stephan Riel, An individual and the Insolvency Administrator of AE&E Group GmbH having his address at Rechtsanwalt, Landstraber Hauptsrabe 1/2 1030 Wien, Austria.

4.A-Tec Industries AG, laws of Austria having its registered office at Wachtergasse 1, 1010, Vienna,

5.Doosan Heavy Industries & Construction Company Ltd., laws of South Korea having its registered office at 555, Guigok-dong, Changwon Kyongsangnam-Do 541-792, Republic of Korea .. Respondents/Plaintiffs Defendants 2 to 5 (Respondent No.5 impleaded as per common order dt. 8.2.2011 in Apln.Nos.462 to 464 of 2011 in C.S.No.31 of 2011) O.S.A.No.125 of 2011 Doosan Heavy Industries & Construction Company Limited, a company incorporated under the laws of Souther Korea having its registered office at 555, Guigok-dong, Changwon Kyongsangnam-Do 541-792, Republic of Korea.

.. Appellant/5th Defendant/5th Respondent vs 1.Essar Projects (India) Limited, provisions of the Companies Act, 1956 and having its registered office at Essar House, 11, K.K.Marg, Mahalaxmi, Mumbai-400 034.

2.AE & E Chennai Works Private Limited, provisions of Companies Act, 1956 and having its office at No.53, Greams Road, Chennai Tamil Nadu-600 006 and at Bypass Road, 18/2A, Senneerkuppam, Poonamallee, Chennai-600 056.

3.AE & E Group GmbH, law of Austria having its registered office at BrunnerstraBe 52, 1210 Wien,

4.Dr.Stephan Riel, An individual and the Insolvency Administrator of AE&E Group GmbH having his address at Rechtsanwalt, Landstraber Hauptsrabe 1/2 1030 Wien, Austria.

5.A-Tec Industries AG, laws of Austria having its registered office at Wachtergasse 1, 1010, Vienna, .. Respondents/Plaintiffs/ Defendants 1 to 4 Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order dated 02.03.2011 in Application No.283 of 2011 in C.S.No.31 of 2011.

For Appellant .. Mr.R.Sunil Kumar in O.S.A.No.171 of 2011 Mr.R.Ashwanth in O.S.A.No.125 of 2011 For Respondents .. Mr.Jyothsana for R1 Mr.MVMM.Sivanthy for M/s.Fox Mandal Associates for R2&R3 in OSA.171/2011 & R3&R4 in OSA.125/2011 * * * * * COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) The learned counsel for the appellants state that the disputes between the parties have been resolved and the appeals have become infructuous.

2. The appeals are dismissed as infructuous. No costs. Consequently, M.P.No.1 of 2011 is also dismissed. s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar bbr

To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1 cc to M/s.Fox Mandal & Associates Advocate sr 49866 O.S.A.Nos.171 & 125 of 2011 aa19/09/2016