Madras High CourtOSA/133/2012disposed of

M/S Southern Windfarms Ltd v. The Official Liquidtor

2016-11-15Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.No.133 of 2012 M/s.Southern Windfarms Ltd., rep. by its Authorised Signatory No.15, Soundarapandian Street, Ashok Nagar, Chennai 600 083.

.. Appellant versus 1.The Official Liquidator High Court of Madras as the Liquidator of M/s.NEPC (India) Ltd., (in Liquidation)

2. NEPC India Limited, rep. by its Managing Director No.36, Wallajah Road, Chennai 600 002.

(R.2 impleaded as party respondent vide order of Court dated 10.04.2014 made in M.P.No.1 of 2013 in O.S.A.No.133 of 2012) .. Respondents Appeals filed under Order 36 Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent Act, against the order dated 06.02.2012 passed in Company Application No.774 of 2011 in Company Petition No.232 of 1998, on the file of this Court. For Appellant .. Mr.S.Rajendrakumar for M/s.Norton Grant.

For Respondents .. Mr.B.Dhanaraj for R.1 * * * * *

J U D G M E N T

(Judgement of the Court was delivered by The Hon'ble Chief Justice) On hearing the learned counsel for the appellant and the Official Liqudator representing the first respondent, it is agreed that the Arbitral proceedings can go on, but on terms and conditions set out in paragraph-17 of the report of the Official https://hcservices.ecourts.gov.in/hcservices/

Liquidator dated 09.07.2013 which is reproduced as under: (i) The first appellant should bear all the expenses pertaining to the arbitral proceedings from their own sources.

(ii) The appellant shall inform the winding up court the outcome of the proceedings.

(iii)The appellant shall abide by any orders passed on such reports.

(iv)The decree, if any passed in the Arbitral proceedings shall not be executed against the respondent company without the leave of the Winding up Court.

The Original Side Appeal is accordingly disposed of, leaving the parties to bear their own costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras.(1/12) +1 cc to M/s.Norton & Grant, Advocates,sr.65787 +1 cc to M/s.B.Dhanaraj,advocate,sr.65902.

ppa(co) krd 30/11 O.S.A.No.133 of 2012 https://hcservices.ecourts.gov.in/hcservices/