Aetos Agro Merchants Pvt Ltd v. Icici Bank Ltd.

15-CARBP-21-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION NO. 21 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.01.17 10:52:00 +0530 (Under Sec. 9 of A & C Act, 1996) SHRADDHA KAMLESH TALEKAR Aetos Agro Merchants Pvt. Ltd.

...Petitioner

Versus

ICICI Bank Ltd. & Ors.

...Respondents

Mr. Bimal Rajesekhar i/b Ashwin Shanker, for Petitioner. Mr. Mayur Bhojwani i/b. Manilal Kher Ambalal & Co., for Respondent No.1.

Mr. C.P. Ravindranath Menon, for Respondent No.4-Bank of India. CORAM : SOMASEKHAR SUNDARESAN, J.

Date : January 16, 2025 P. C.

1.

On the last occasion, Learned Counsel for the Petitioner sought a short accommodation to consider the implications of winding up proceedings that were reported to have commenced in respect of Respondent No. 2, which is a Singapore registered subsidiary of Minerals and Mines Trading Corporation Ltd., a State-owned company in India.

2.

Today, when the matter is called out, Learned Counsel for the Petitioner submits that the Company is indeed under liquidation, and he would be unable to initiate proceedings against Respondent No.2. Consequently, he seeks liberty to withdraw this Petition. January 16, 2025 Shraddha

15-CARBP-21-2024.doc 3.

Learned Counsel for Respondent No. 1 submits that certain cargo documents had been deposited in Court pursuant to an order dated September 6, 2023 passed by a Learned Single Judge of this Court, and seeks that the same be released. Liberty to approach the Registry for release of the documents.

4.

Learned Counsel for the Petitioner submits that should Respondent No. 3 seek these documents from Respondent No.1 to initiate any other legal proceedings, it should intimate the Petitioner about such proceedings. A direction as aforesaid is hereby issued.

5.

The Petition is disposed of as withdrawn in the aforesaid terms. 6.

Needless to say, nothing in this order is an expression of an opinion on the merits of the matter.

7.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] January 16, 2025 Shraddha