M/S.Renault Nissan Automotive India Pvt Ltd v. M/S.Kiran Udyog Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Appln.Nos.23 and 24 of 2021 M/s.Renault Nissan Automotive India Pvt. Ltd., Plot No.1 SIPCOT Industrial Park, Oragadam, Mattur (Post), Sriperumbudur Taluk Kancheepuram Dt. - 602 105.

... Applicant in Arb.Appln.No.23/2021 M/s. Nissan Motor India Pvt. Ltd., Plot No.1 SIPCOT Industrial Park, Oragadam, Mattur (Post), Sriperumbudur Taluk Kancheepuram Dt. - 602 105.

... Applicant in Arb.Appln.No.24/2021 Vs.

M/s.Kiran Udyog Pvt. Ltd., 27 B/7, New Rohtak Road, New Delhi - 110 005 through its Managing Director Mr. Arvind Kumar Jain ... Respondent in both Arb.Applns.

Prayer in Arb.Appln. No.23 of 2021: Arbitration Application is filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(c) & 1\4

(e) of the Arbitration and Conciliation Act, 1996, praying to pass an order appointing an Advocate Commissioner to monitor dismantling, removal and transportation of the RNAIPL Tools listed in Schedule from the respondent company's plant at Plot No.40, Sec.5, HSIIDC, IMT, Rewari, Bawal, Haryana to the facilities of the petitioner with the aid of the local police at Police Station Kasola, Banipur Chowk NH-8, Rewari, Haryana PIN123501, pending disposal of the arbitral proceedings between the petitioner and respondent company.

Prayer in Arb.Appln. No.24 of 2021: Arbitration Application is filed under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(c) & (e) of the Arbitration and Conciliation Act, 1996, praying to pass an order appointing an Advocate Commissioner to monitor dismantling, removal and transportation of the NMIPL Tools listed in Schedule from the respondent company's plant at Bawal, Haryana to the facilities of the petitioner with the aid of the local police at Plot No.40, Sec.5, HSIIDC, IMT, Rewari, Bawal, Haryana Police Station Kasola, Banipur Chowk NH-8, Rewari, Haryana PIN-123501, pending disposal of the arbitral proceedings between the petitioner and respondent company.

For Petitioner : Mr.M.Velmurugan For Respondent : No appearance Advocate Commissioners : Mr. Naveen Kumar Murthi & Mr.Sharath Chandran 2\4

O R D E R

(This case has been heard through video conference) Today, when these arbitration applications taken up for hearing, Mr.Naveen Kumar Murthi, and Mr.Sharath Chandran, Advocate Commissioner have submitted that they have executed the warrant and filed a report.

2. In such view of the matter, no further order is required. Taking note of the fact that the Advocates Commissioners have executed the warrant in both the applications, a sum of Rs.50,000/- respectively is ordered to be paid by the applicant. It is for the applicant to go for arbitration seeking appropriate remedy. In such view of the matter, these Arbitration Applications are closed. No costs. 06.09.2021 rpp 3\4

N.SATHISH KUMAR, J.

rpp 06.09.2021 4\4