Elboil Gmbh v. Sakthi Ferro Alloys India Pvt Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-07-2025
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND ARB APPLN NO. 766 OF 2025, ARB APPLN NO. 767 OF 2025 AND OA NO. 599 OF 2025 Elboil GmbH Zippelhaus 3, 20457 Hamburg, Germany Applicant(s) Vs Sakthi Ferro Alloys India Pvt Ltd 18/26, Loganathan Nagar, 2nd Street, Choolaimedu, Chennai 600 094., Represented by its Directors. Respondent(s) Arb Appln No. 766 of 2025 Elboil GmbH Appellant(s) Vs Sakthi Ferro Alloys India Pvt Ltd 18/26, Loganathan Nagar, 2nd Street, Choolaimedu, Chennai 600 094., Represented by its Directors. Respondent(s) Arb Appln No. 767 of 2025 Elboil GmbH Appellant(s) Vs Sakthi Ferro Alloys India Pvt Ltd 18/26, Loganathan Nagar, 2nd Street, Choolaimedu, Chennai 600 094., Represented by its Directors. Respondent(s) OA No. 599 of 2025 Page 1 of 5.
Elboil GmbH Appellant(s) Vs Sakthi Ferro Alloys India Pvt Ltd 18/26, Loganathan Nagar, 2nd Street, Choolaimedu, Chennai 600 094., Represented by its Directors. Respondent(s) To restrain the Respondent and its men, servants, agents or assigns from in any manner dealing with, disposing of, encumbering or creating any third party rights or interests in any of its assets and properties without setting apart a sum of INR 2,62,48,195.72 (including interest calculated till 28.04.2025) as security for the dues under the Awards Arb Appln No. 766 of 2025 To Direct the Respondent to disclose on affidavit its immoveable and movable properties, along with details of all its bank accounts and other movable properties, including receivables, shares held in any companies, government securities, bonds, mutual funds or other securities, land, houses or other buildings, and all properties, whether tangible or intangible. Arb Appln No. 767 of 2025 To Direct the Respondent to disclose on affidavit its immoveable and movable properties, along with details of all its bank accounts and other Page 2 of 5.
movable properties, including receivables, shares held in any companies, government securities, bonds, mutual funds or other securities, land, houses or other buildings, and all properties, whether tangible or intangible and to make an inventory of the same.
OA No. 599 of 2025 To direct the Respondent to furnish security for the sum of INR 2,62,48,195.72/- in respect of the dues under the Awards by depositing the same with this Honble Court or by furnishing a bank guarantee issued by any nationalized bank having operations within the territorial jurisdiction of this honble court or in such other manner as this Honble Court may deem fit and proper failing which issue an order of attachment of the properties or assets belonging to the Respondent as may be disclosed by the Respondent. For Applicant(s):
Ms.Ashwini Vaidialingam For Respondent(s):
Mr. Arun C. Mohan Common Order The learned counsel for the applicant is not pressing the aforesaid applications for the present. But, however, she seeks liberty for the applicant to file the aforesaid applications in case a decree is passed by this Court as per the provisions of Section 49 of the Arbitration and Conciliation Act, 1996. Page 3 of 5.
In view of the endorsement made by the learned counsel for the applicant, these applications are dismissed as not pressed. However, liberty as prayed for by the learned counsel for the applicant is granted. 03-07-2025 Index: Yes/No Speaking/Non-speaking order RKM Page 4 of 5.
ABDUL QUDDHOSE J.
RKM AND ARB APPLN NO. 766 OF 2025,ARB APPLN NO. 767 OF 2025,OA NO. 03-07-2025 Page 5 of 5.