Aapico Investment Pte.Limited v. Manickam Mahalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL OSA (CAD) NOS.57 AND 58 OF 2021 AND 37 AND 38 OF 2022 AND CMP NOS.4148 AND 4149 OF 2022 OSA (CAD) NO.57 OF 2021 1.AAPICO INVESTMENT PTE. LIMITED 745 Toa Payoh Lor 5 # 01-07 The Actuary Singapore - 319455.

Kaikhushru Vicaji Taraporevala Level 42 Six Battery Road, Singapore - 049909 Represented by his Power of Attorney S.Sakthivel, having place of business at 2/34, F-2, 1 st Floor, Bajanai Kovil Street, Mangadu Main Road, Moulivakkam, Chennai - 600 116.

(Cause title accepted vide Court order dated 05.08.2021) 1/8

2.AAPICO HITECH PUBLIC COMPANY LIMITED 99 Mool Hitech Industrial Estate, Tambol Ban Lane, Amphur bang Pa-in, Ayutthaya, Thailand - 13160 Through the Authorised Representative, Kaikhushru Vicaji Taraporevala Level 42, Six Battery Road, Singapore - 049909.

Represented by his Power of Attorney S.Sakthivel, having place of business at 2/34, F-2, 1 st Floor, Bajanai Kovil Street, Mangadu Main Road, Moulivakkam, Chennai - 600 116.

... Appellants Manickam Mahalingam ... Respondent PRAYER: Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, read with Section 13 of the Commercial Courts Act, 2015, to set aside the order dated 02.06.2021 in Application No.9768 of 2019 and direct the respondent to disclose on affidavit before this Court details of all his assets, movable (including but not limited to shares) and immovables, monies, bank deposits and accounts held by him singly or jointly (with any person or entity) and / or severally wherever in the world pending disposal of arbitral proceedings.

For Appellants For Respondent 2/8

OSA (CAD) NO.58 OF 2021 AAPICO INVESTMENT PTE. LIMITED 745 Toa Payoh Lor 5 # 01-07 The Actuary, Singapore - 319455.

Kaikhushru Vicaji Taraporevala Level 42 Six Battery Road, Singapore - 049909 Represented by his Power of Attorney S.Sakthivel, having place of business at 2/34, F-2, 1 st Floor, Bajanai Kovil Street, Mangadu Main Road, Moulivakkam, Chennai - 600 116.

(Cause title accepted vide Court order dated ... Appellant 05.08.2021) Manickam Mahalingam ... Respondent PRAYER: Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, read with Section 13 of the Commercial Courts Act, 2015, to set aside the order dated 02.06.2021 in Application No.9492 of 2019 and direct the respondent to disclose on affidavit before this Court details of all his assets, movable (including but not limited to shares) and immovables, monies, bank deposits and accounts held by him singly or jointly (with any person or entity) and / or severally wherever in the world pending disposal of arbitral proceedings.

For Appellant For Respondent 3/8

OSA (CAD) NO.37 OF 2022 Dr.Manickam Mahalingam ...

Appellant 1.AAPICO INVESTMENT PTE. LIMITED 745 Toa Payoh Lor 5, # 01-07 The Actuary, Singapore - 319455.

Kaikhushru Vicaji Taraporecala Level 42, Six Battery Road, Singapore - 049909.

2.AAPICO HITECH PUBLIC COMPANY LIMITED 99 Mool Hitech Industrial Estate, Tambol Ban Lane, Amphur bang Pa-in, Ayutthaya, Thailand - 13160 Through the Authorised Representative, Kaikhushru Vicaji Taraporecala Level 42, Six Battery Road, Singapore - 049909.

... Respondents PRAYER: Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent, to set aside the judgment and decree order dated 02.06.2021 in O.A.No.1148 of 2019 on the file of this Court.

For Appellant For Respondents 4/8

OSA (CAD) NO.38 OF 2022 Dr.Manickam Mahalingam ... Appellant AAPICO INVESTMENT PTE. LIMITED 745 Toa Payoh Lor 5, # 01-07 The Actuary, Singapore - 319455.

Kaikhushru Vicaji Taraporecala Level 42, Six Battery Road, Singapore - 049909.

... Respondent PRAYER: Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent, to set aside the judgment and decree order dated 02.06.2021 in O.A.No.1100 of 2019 on the file of this Court.

For Appellant For Respondents 5/8

COMMON JUDGMENT (Judgment of the Court was made by R.SUBRAMANIAN, J.) Mr.Pranav V.Shankar, learned counsel appearing for the appellants in OSA (CAD) Nos.37 and 38 of 2022 and Mr.Roshan Balasubramanian, learned counsel appearing for the appellants in OSA (CAD) Nos.57 and 58 of 2021 would submit that the entire dispute has been resolved and they have instructions to withdraw the appeals. Learned counsels have also made endorsement to that effect. In view of the same, all the appeals are dismissed as settled out of Court. No costs. Consequently, connected civil miscellaneous petitions are closed.

[R.S.M., J.] [R.S.V., J.] 12.01.2024 Internet : Yes : No Non-speaking order TK 6/8

7/8

R.SUBRAMANIAN, J.

AND R.SAKTHIVEL, J.

TK OSA (CAD) NOS.57 AND 58 OF 2021 AND 37 AND 38 OF 2022 AND CMP NOS.4148 AND 4149 OF 2022 12.01.2024 8/8