M/S.Acorn Commodities v. M/S.Everonn Education Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022 CORAM :

THE HON'BLE MR. JUSTICE M. DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI O.S.A.Nos.82 to 85 of 2017 and C.M.P. Nos.5850 to 5853 of 2017

1. M/s. Acorn Commodities Exchanges and Holdings Pvt. Ltd., Represented by its Director, Having its Office at No.4, Shalom Apartment, No.1, Josier Street, Nungambakkam, Chennai - 600 034.

Represented by its Directors

2. Mr. Srinivas Ramachandran

3. Mr. Kannan .. Appellants in OSA Nos.82 & 83/2017

1. Mr. P.Kishore

2. Ms.Keerthi Kishore .. Appellants in OSA Nos.84 & 85/2017 v.

1. M/s. Everonn Education Limited, Represented by its Director, Block A, 1st Floor, Plot No.40, SP Infocity Kandanachavadi, Perungudi, Chennai - 600 096.

2. Mr. P. Kishore

3. Ms. Keerthi Kishore

4. Ms. Priyanjali Naduvalappil Prakasam

5. Ms. Ranjini Vinod

6. MR. Vinod Meenoth Madthal

7. The Official Liquidator,

[R-7 Impleaded as per the order dated 18.04.2017 made in C.M.P. Nos.6777 to 6780/2017] .. Respondents in OSA Nos.82 & 83/2017

1. M/s. Everonn Education Limited, Represented by its Director, Block A, 1st Floor, Plot No.40, SP Infocity Kandanachavadi, Perungudi, Chennai - 600 096.

2. M/s. Acorn Commodities Exchanges and Holdings Pvt. Ltd., Represented by its Director, Having its Office at No.4, Shalom Apartment, No.1, Josier Street, Nungambakkam, Chennai - 600 034.

Represented by its Directors

3. Ms. Priyanjali Naduvalappil Prakasam

4. Ms. Ranjini Vinod

5. Mr. Vinod Meeoth Madthal

6. Mr. Srinivas Ramachandran

7. Mr. Kannan

8. The Official Liquidator, [R-8 Impleaded as per the order dated 18.04.2017 made in C.M.P. Nos.6777 to 6780/2017] .. Respondents in OSA Nos.84 & 85/2017 O.S.A.Nos.82/2017 & 84/2017:- Original Side Appeals filed under Clause 15 of Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the fair and decreetal order made in A.No.3273 of 2015 in C.S.No.399 of 2015, dated 19.08.2016. O.S.A.No.83/2017 & 85/2017 :- Original Side Appeals filed under Clause 15 of Letters Patent and Order 36 Rule 9 of Original Side Rules to set aside the fair and decreetal order made in O.A.No.514 of 2015 in C.S.No.399 of 2015, dated 19.08.2016. Praer in O.A.No.514 of 2015 :- Original Application praying that this Hon'ble Court be pleased to pass an order of Interim Injunction restraining the respondents from taking any steps pursuant to the Master Rental and Financing Agreement dated

01.04.2010, and consequently stay the arbitration proceedings initiated by Respondent No.1 under the Master Rental and Financing Agreement dated 01.04.2010.

Prayer in A.No.3273 of 2015:Application praying that this Hon'ble Court be pleased to pass an order granting leave to the applicant to initiate separate legal proceedings against the respondents for recovery of the payments made to Respondent No.1 and the losses & expenses incurred by the Application on account of the Master Rental and Financing Agreement dated 01.04.2010. For Appellants in OSA Nos.82&83/2017 : Mr. V. Johnson Yuvaraj For Appellants in OSA Nos.84&85/2017 : Mr. G. Krishnakumar For Respondents in OSA Nos.82,83,84&85/2017 : No Appearance COMMON JUDGMENT (Judgment was delivered by M. DURAISWAMY, J.) Mr. V. Johnson Yuvaraj, learned counsel appearing for the appellants in O.S.A Nos. 82 and 83 of 2017 and Mr. G. Krishnakumar, learned counsel appearing for the appellants in O.S.A Nos. 84 and 85 of 2017, seek permission of this Court to withdraw the above Original Side Appeals and also made an endorsement to that effect.

2. In view of the same, the Original Side Appeals are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Rj

To The Official Liquidator, Copy to The SAR, Original Side, High Court, Madras.

O.S.A.Nos.82 to 85 of 2017 and C.M.P. Nos.5850 to 5853 of 2017 RP[co] NSK 20/04/2022