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Madras High CourtA/3314/2025disposed of

Raja Bahadur International Ltd v. Pioneer Wincon Pvt. Ltd

2025-09-12Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A No. 3314 of 2025 IN EP SR No. 100794 of 2025 Raja Bahadur International Ltd Represented by its Authorized Representative Mr.Sridhar Pittie, having its registered address at Hamam House, 3rd Floor, Ambalal Doshi Marg, Mumbai-400 001.

Applicant(s) Vs Pioneer Wincon Pvt. LTd Division Pioneer Asia Wind Turbnes, 30/1A, Harrington Chambers, 2nd Floor, A and B Block Abdul Razak 1st Street, Saidapet, Chennai-600 015 Presently known as M/s. Para Enterprises Pvt. Ltd., Boopathy Buildings, 17-A. Virudhunagar Road, Sivakasi, Virudhunagar, Tamil Nadu-626 123.

Respondent(s)

PRAYER Direct the Respondent/Award debtor to file an affidavit disclosing particulars of all the Respondent/Award Debtor's movable and immovable assets and properties as well as any debts due to the Respondent/Award Debtor. For Applicant(s):

Mr.Raghavendra Ross Divakar For Respondent(s):

No appearance

ORDER

When the matter came up for hearing on 13.08.2025, this Court directed the Registry to print the name of the respondent/award debtor. Accordingly, the name of the respondent has been printed in the cause list. There is no appearance either in person or through counsel.

2. This application has been filed for a direction to the respondent/award debtor to file an affidavit disclosing the particulars of all their movable and immovable properties as well as any debts due to the respondent/award debtor.

3. The arbitral award was passed on 27.06.2012 in the following terms:- "22. In fine the following award is passed:- The Claimant is entitled to--

1. Rs.18,20,918/- with simple interest @ 12% per annum from 01.06.2007 till realization and

2. Rs.40,98,259/- with simple interest @ 12% per annum from 01.06.2008 till realization.

The Respondent is entitled to

1. The O&M charges for the period from 20.04.2009 to 11.08.2009 at the rate of Rs.2.50 lakhs per WTG per

year for the two WTGs with simple interest @ 12% per annum from 15 th June 2009 till realization with applicable Service Tax and

2. Rs.33,942/-, the amount covered by Ex.R-4 to R-7 with simple interest at the rate of 12% per annum from 01.01.2009 till realization."

4. The respondent/award debtor challenged the award passed by the Arbitrator and the applicant/award holder also challenged certain portions of the award by filing O.P.Nos.680 & 750 of 2012. Both these petitions came to be dismissed by a common order dated 26.08.2019. The applicant challenged the order before the Division Bench in O.S.A.No.142 of 2020, which was also dismissed by order dated 30.08.2024 and it was further confirmed by the Apex Court dismissing the Special Leave Petition on 24.01.2025. Thus, the award has attained finality.

5. It is under these circumstances, the present application has been filed before this Court for a direction to the respondent/award debtor to file an affidavit disclosing the particulars of all movable and immovable assets and also the debts which are due and payable to the respondent/award debtor.

6. The respondent has been served with notice and the name has also been printed in the cause list, but there is no appearance either in person or through counsel.

7. Taking into consideration the fact that the award itself has become final, this application is allowed as prayed for and there shall be a direction to the respondent/award debtor to file an affidavit disclosing the particulars of all the movable and immovable assets and properties as well as the debts due to the respondent, on or before 17.10.2025.

8. This application is disposed of in the above terms. Post this case under the caption 'for reporting compliance' on 22.10.2025. 12-09-2025 ss

N.ANAND VENKATESH J.

ss A No. 3314 of 2025 in EP SR No. 100794 of 12-09-2025