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Madras High CourtOA/596/2025closed

Bgr Energy System Represented By Authorised Signatory Raghupathy v. Tamilnadu Generation And Distribution Corporation

2025-09-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH OA Nos. 596 & 597 of 2025 AND Arb. Appln No. 763 of 2025 BGR Energy Systems Ltd represented by its Authorised signatory Raghupathy No.443, Anna Salai, Teynampet, Chennai 600 018.

Applicant(s) Vs

1. Tamilnadu Generation and Distribution Corporation 6th Floor, TRANTRANSCO Building, 144, Anna Salai, Chennai 600 002.

2.Chief Engineer / Projects- I Tamilnadu Generation and Distribution Corporation 5th Floor, Western Wing, NPKRR Maaligai No.144, Anna Salai, Chennai - 600002 Respondent(s) OA No. 596 of 2025 PRAYER To grant an interim injunction restraining the Respondents from taking any

coercive actions, including termination (due to default, breach malafide intent of Respondent in an arbitrary manner), against the Applicant that would be prejudicial to the rights of the Applicant in the Letter of Intent dated 28.10.2016, issued to the Applicant for EPC contracts to complete the remaining works in the 1 x 800 MW Coal-Based North Chennai Supercritical Thermal Power Project, Stage III.

OA No. 597 of 2025 PRAYER To Grant Interim Injunction restraining the respondent No.1 from Confirming the new tender vide Specification No.CE/Projects/OT No.3/2024-25 EPC Bid specification for Balance of Plant Package for 1x800MW Coal Based North Chennai Thermal Power Project Stage III considering the contract in favour the applicant is valid and subsisting.

Arb Appln No. 763 of 2025 PRAYER To direct the Respondent to release to the claims of the applicant before performing any further acts or deeds in relation to the project. For Applicant(s):

Mr.P.H.Aravind Pandian Senior Counsel for Mr.K.P.Sanjeev Kumar For Respondent(s):

Mr.P.S.Raman Advocate General assisted by Mr.D.R.Arun Kumar Standing Counsel COMMON ORDER When the matters were taken up for hearing today, it was brought to the notice of this Court that all the interim reliefs sought for in these three applications have become infructuous due to the subsequent developments. The

learned Senior Counsel appearing on behalf of the applicant in all these applications submitted that whatever grounds are raised by the applicant can be considered as and when an application is moved under Section 11 of the Arbitration and Conciliation Act for appointment of an arbitrator.

2. It goes without saying that whatever grounds are available to the applicant, can be raised as and when an application is filed under Section 11 of the Arbitration and Conciliation Act and the same will be considered by this Court.

3. In view of the above, all these applications are closed. 09-09-2025 ss

To 1.Tamilnadu Generation and Distribution Corporation 6th Floor, TRANTRANSCO Building, 144, Anna Salai, Chennai 600 002.

2.Chief Engineer / Projects- I Tamilnadu Generation and Distribution Corporation 5th Floor, Western Wing, NPKRR Maaligai No.144, Anna Salai, Chennai - 600002

N.ANAND VENKATESH J.

ss OA Nos. 596 & 597 of 2025, Arb.Appln.No.763 of 2025 09-09-2025