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Madras High CourtOA/467/2023closed

M/S.Spr Construction Pvt Ltd, Rep.By Its Authorised Signatory v. M/S.Binny Ltd

2023-09-05Honourable Mr Justice Abdul Quddhose4 pages

ABDUL QUDDHOSE, J.

O.A.No.467 of 2023 M/s.SPR Construction Private Limited, Rep. by its Authorized Signatory, Mr.Hitesh Kumar P. Kawad, Registered Office, No.57, Narayana Mudali Street, Sowcarpet, Chennai - 600 079.

... Applicant Vs.

1.M/s.Binny Limited, Rep. by its Executive Chairman, Mr.M. Nandagopal, Regd. Office No.1, Cooks Road, Perambur, Chennai - 600 012.

2.Mr.Masilamani Nandagopal 3.Mr.Arvind Nandagopal 4.M/s.Arthos Breweries Limited, Rep. by its Managing Director, SIFCC, Phase-I, 3rd Floor, Nos.605 & 606, T.R. Sundaram Avenue, Thousand Lights, Chennai - 600 006.

5.Mrs.Madhaneswari Nandagopal 6.Mrs.Sumathi Ramesh Babu 7.Mr.Nate Nandha

8.M/s.Mohan Breweries & Distilleries Limited, Rep. by its Managing Director, No.7, Selva Street, M.M. Nagar, Valasaravakkam, Chennai - 600 087.

9.Mr.Justice (Retd). Sankara Mudaliar Jagadeesan Indpendent Director, Binny Limited, Old No.23, New No.53, 3rd Main Road, Gandhi Nagar, Adyar, Chennai - 600 020.

10.Ms.Nilima Sathya, Indpendent Director, Binny Limited, 25/66, Teynampet, Chennai - 600 018.

11.Mr.T. Krishnamurthy, Finance Director & CFO, Binny Limited, Regd. Office: No.1, Cooks Road, Perambur, Chennai - 600 012.

12.Major D. Raja, Independent Director, Binny Limited, Regd. Office: No.1, Cooks Road, Perambur, Chennai - 600 012.

13.M/s.Cameo Corporate Services Limited, Registry and Share Transfer Agents, Subramanian Building, No.1 Club House Road, Express Estate, Royapettah, Chennai - 600 002.

... Respondents

COMMON ORDER By consent of Mr.C. Aryama Sundaram, learned Senior Counsel for Mr.N.Ramakrishnan for M/s.ARK Law Associates, appearing for M/s.SPR Construction Private Limited, Mr.C.S. Vaidyanathan, learned Senior Counsel for Ms.Narmada Sampath, appearing for M/s.Binny Limited and Mr.S.R. Sundar, learned counsel appearing for Mr.Nate Nandha (7th respondent in O.A.Nos.467 to 469 of 2023) and on instructions received by them, all the applications which are pending before this Court, shall be treated as applications filed under Section 17 of the Arbitration and Conciliation Act, 1996 and the Arbitral Tribunal shall adjudicate all the applications based on the pleadings and documents filed before this Court.

2. It is made clear that there is no necessity for the applicants to file fresh applications under Section 17 of the Arbitration and Conciliation Act, 1996, in respect of the reliefs sought for in these applications. Interim orders wherever granted by this Court and is continuing till date, shall stand extended till the final adjudication of Section 17 applications by the Arbitral Tribunal.

ABDUL QUDDHOSE, J.

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3. In terms of the above mentioned directions, all these applications are closed.

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