Hardy Exploration & v. Samson Maritime Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE SATHYANARAYANAN O.S.A.Nos.100, 101 & 102 of 2016 Hardy Exploration & Production (India) Inc.

having its office at 5th Floor, Westminister Building, 108, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

...Appellant in all appeals vs Samson Maritime Limited, having its registered office at 7, Mb.P.T.Building, Malet Bunder Mumbai-400 009 rep. by its Authorised Signagory Kunal Trivedi.

...Respondent in all appeals

Appeals filed under Clause 15 of the Letters Patent read with Order XXXVI, Rule 9 of Original Side Rules against the order made in Application Nos.8191 to 8193 of 2015, dated 23.03.2016 on the file of this Court.

For Appellant .. Mr.Vijay Narayan Senior Counsel for M/s.Vinod Kumar For Respondent .. Mr.AR.L.Sundaresan Senior Counsel for M/s.P.Giridharan & S.Priya * * * * *

COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) The learned Senior Counsel for parties propose and agree for disposal of the appeals on the following terms:- (1)The appellant is granted ten days time to comply with sub-para (b) of para 24 of the impugned order.

(2)Sub-para (a) of para 24 of the impugned order would be substituted with a direction that in Execution Petition No.301 of 2013 filed by the appellant against the Government of India, Ministry of Petroleum & Natural Gas pending before the High Court of Delhi at New Delhi, out of the amounts being received on attachment or other payments received, a sum equivalent to the awarded sum in the present proceedings will be kept apart and be brought to the jurisdiction of this Court. The said amount would thereafter be kept in a Fixed Deposit Scheme for 91 days with the Indian Bank, Madras High Court Branch, Madras High Court Campus, Chennai to be kept renewed till further orders, subject to the result of O.P.No.111 of 2016.

(3)As per the learned Senior Counsel for parties, the scope and objections filed by the appellant are limited and they will request the learned roster Judge to consider taking the O.P. on priority.

2. The appeals are allowed to the aforesaid extent, leaving the parties to bear their own costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr

Copy to:

1. The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

+1 cc to Mr.P.Vinodkumar Advocate sr.26486/16 +1 cc to Mr.P.Giridharan Advocate sr.26487/16 O.S.A.Nos.100 to 102 of 2016 pvs(co) aa12/05/2016