Bgr Energy Systems Ltd v. Ge T And D India Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.11.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and C.M.P.No.24629 of 2024 BGR Energy Systems Ltd., 443, Anna Salai, Teynampet, Chennai 600 018.
Having its Regd. office at:
A-5, Pannamgudu Industrial Estate, Ramapuram Post, Sullupet Taluk, Nellore District, Andhra Pradesh 524 401.
... Appellant -vs1. GE Vernova T&D India Ltd., IOC Building, 19/1, GST Road, Pallavaram, Chennai 600 043.
Rep. by its Authorised Signatory, Mr.Natarajan Ravichandran.
Having its Regd. Office at:
A-18, First Floor, Okhla Industrial Area, Phase II, New Delhi 110 020.
2. CITI Bank Ground Floor, No.163, Anna Salai,
Chennai 600 002.
... Respondents Prayer : Appeal filed under Clause 13(1) of the Commercial Courts Act, 2015 against the fair and decreetal order dated 09.09.2024 passed in O.A.No.607 of 2024 on the file of original side of this Court. For Appellant :
Mr.Srinath Sridevan Senior Counsel for Ms.K.Aswini Devi For Respondents :
Mr.P.V.Balasubramaniam Senior Counsel for Mr.Suhrith Parthasarathy * * * * *
JUDGMENT
(Judgment of the Court was delivered by the Hon'ble Chief Justice) Parties have tendered terms, which is taken on record and marked as 'X' for identification. The terms are signed by the authorised signatories of appellant and first respondent and the respective advocates, who confirmed that the signatories have signed in their presence.
2. Sri.Suhrith Parthasarathy states that during the pendency of this appeal, the name of respondent No.1 has undergone change and the new
name is GE Vernova T&D India Limited. A copy of the Certificate of Registration pursuant to change of name issued by the Registrar of Companies shall be filed in the Registry within one week from today. During this one week, the name of first respondent shall also be changed in the cause-title.
3. For ease of reference, the terms dated 07.11.2024 is scanned and reproduced below:
4. Counsels clarify that all disputes/differences mentioned in paragraph 1 shall also include counter-claim, if any. It is stated that seat of arbitration shall be Chennai and the venue of arbitration may be decided by the learned Arbitrator. The fees and administrative expenses including travel expenses of the learned Arbitrator shall be shared equally between
parties in the first instance and the same shall be subject to the costs in the arbitral proceedings. Within four weeks from the date this order is communicated to the learned Arbitrator, the learned Arbitrator shall file a declaration directly with the parties as required under Section 12 of the Arbitration and Conciliation Act, 1996 and a copy thereof shall be filed by appellant with the Registry to be placed in the records and proceedings.
5. The Original Side Appeal as well as the Original Application are disposed of. All rights and contentions of parties are kept open. There shall be no order as to costs. Consequently, the interim application stands closed.
(K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 07.11.2024 Index :
Yes/No NC :
Yes/No sra To:
The Sub Assistant Registrar, Records Section, Original Side,
Madras High Court, Chennai.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sra) 07.11.2024