Madras High CourtA/3821/2019closed

M/S. Boltz Engineering Pvt. Ltd. v. M/S. Smard Rep.By Its Managing Partner

2020-09-28Honourable Mr Justice N. Sathish Kumar2 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 28TH DAY OF SEPTEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.3821 of 2019 in O.A.No.581 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of dispute between Boltz Engineering Pvt. Ltd., -vs- M/s. Smard arising out of the Contract dated 23.01.2019.

M/s.Boltz Engineering Pvt. Ltd., Rep.by its General Manager Mr.S.J.Karthikeyan Jupiter Complex, 1st Floor, No.67/19 Dr.Ranga Road, Mylapore, Chennai 600 004.

... Applicant (in OA.No.581 of 2019) -VersusM/s. Smard Rep.by its Managing Partner, Mr.Suraj Tandassery No.6/185, 14th Cross Street, Defence Officers Colony, Ekkattuthangal, Chennai 600 032.

... Respondent (in OA.No.581 of 2019) Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to take inventory of the equipments belonging https://hcservices.ecourts.gov.in/hcservices/ to the Applicant lying at the project site at New in Patient Block, Christian

/ 2 / Medical College & Hospital Complex, Vellore and remove the same and handover the said equipments to the Applicant. This Original Application coming on this day before this court for hearing the court made the following order: This application has been filed to appoint an Advocate Commissioner to take inventory of the equipments belonging to the applicant lying at the project site at New Inpatient Block, Christian Medical College and Hospital Complex, Vellore and remove the same and hand over the said equipments to the applicant.

2. It is submitted by the learned counsel appearing for the applicant that Arbitration Proceedings has not been initiated. This application is pending from the year 2019 and it has been filed for interim measure. The manifest intention to invoke the arbitration is one of the criteria, provided under Section 9 of the Arbitration and Conciliation Act. In the absence of such intention, this court is of the view that no further order is required to be passed. Accordingly, this petition is closed. Sd/.N.S.K.J.

28.09.2020 //Certified to be a true copy// Dated this the day of 2020. SU/07.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/