← Library
Madras High CourtA/9813/2019dismissed

M/S.Ennor Muds And Chemicals v. M/S.Secure Energy Services Inc

2020-02-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 11 th DAY OF FEBRUARY 2020 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN A.No. 9813 of 2019 in C.S. No.466 of 2013 C.S. No.466 of 2013:- M/s. Ennor Muds and Chemicals, Rep. By its Proprietor, Mr.N.Rajagopal, Having their Registered Office at, No. A-12, Anna Nagar East, Chennai - 600 102.

...Plaintiff -Versus1.M/s. Secure Energy Services Inc., (formerly known as M/s.Alliance Energy Services Ltd) Represented by its President and CEO Mr.Rene Amirault, Bow valley Square 2, **2.Mr. Rene Amirault, President and CEO, Secure Energy Services Inc., Bow Valley Square 2,

3.Mr. Mike Curran, Vice-President, Secure Energy Services Inc., Bow Valley Square 2, **Defendants 2 and 3 are Struck off as per order dated 11.10.2017 passed in A.No. 6166 of 2015 and time extended for amendment as per order dated 24.11.2017 *4. M/s. Allianance energy Services Limited, Having their registered office at 3000, 700 9 th, Avenue SW, Calgary, AB T2P3V4 Alberta Canada.

* (Forth defendant impleaded as per order dated 07.11.2016 Passed in A.No. 4432 of 2016) ... Defendants A.No. 9813 of 2019:- M/s. Ennor Muds and Chemicals, Rep. By its Proprietor, Mr.N.Rajagopal, Having their Registered Office at, No. A-12, Anna Nagar East, Chennai - 600 102.

...Applicant -Versus1.M/s. Secure Energy Services Inc., (formerly known as M/s.Alliance Energy Services Ltd) Represented by its President

and CEO Mr.Rene Amirault, Bow valley Square 2,

2. M/s. Allianance energy Services Limited, Having their registered office at 3000, 700 9 th, Avenue SW, Calgary, AB T2P3V4 Alberta Canada.

3. M/s. Marquis Alliance Energy Group Inc, Represented by its Chairman, having their registered office at, 800, 6 th Avenue SW, Suite 1800, Calgary AB, T2P 3G3, Canada ... Respondents Application praying that this Hon'ble Court be pleased to implead Respondent No.3 as Defendant No.3 in the C.S.No.466 of 2013. This Application coming on this day before this court for hearing, the court made the following order:- Application No. 9813 of 2019 is taken out by the Plaintiff by implead the proposed third party as the third respondent in the main suit.

2. The present application is taken out after seven years of instituting the suit and after that the 1 st defendants filed an application under Order XIII A, Rule 1 C.P.C to pass a summary judgment dismissing the suit as against the defendants.

3. The reason stated in the affidavit to implead the proposed party is that the

proposed respondent M/s. Marquis Alliance Energy Group Incorporation has been shown as subsidiary company of M/s. Secure Energy Services Corporation after completion of the acquisition and the said acquisition even according to the Plaintiff has taken place pursuant to a Confidential Agreement dated 26.01.2011, which is much prior to institution of the Suit.

4. In such Circumstances, this Court clearly see that this application is not only bleated one and also it is a ruse to delay the application filed by the 1 st defendant to give a summary judgment. Hence, this application is dismissed. Sd./-GJJ.

11/02/2020 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 02/02/2022