Suzlon Energy Limited vs Rajagopalan Sridhar
2023 Latest Caselaw 2609 Bom

                                        20-IA (L) 5592.2023 in COMAS 790.2017.doc

K.S. Jadhav
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                         IN ITS COMMERCIAL DIVISION

                   INTERIM APPLICATION (L) NO.5592 OF 2023
                                     IN
                  COMMERCIAL ADMIRALTY SUIT NO.790 OF 2017

     Suzlon Energy Limited and Ors.,                ...Applicants/Plaintiffs
                   Versus
     Rajagopalan Sridhar and Ors.                   ...Defendants
                                    ----------
     Prashant Pratap, Senior Advocate a/w Manvendra Kane a/w Amruta
     Thakur i/b W.S. Kane & Co., Advocate for Applicants/Plaintiffs.
     B.L. Mangale i/b Amardev J. Unijal, Advocate for Defendant No.1.
     Ms. Cheryl Fernandes i/b AZB & Partners, Advocate for Defendant
     No.3.
     Mr. Rishabh Jaisani i/b Shardul Amarchand Mangaldas & Co.,
     Advocate for Defendant No.5.
                                    ----------

                                     CORAM : R.I. CHAGLA J.

                                     DATE        : 17TH MARCH, 2023.
     ORDER :

1. By this Interim Application filed in Commercial Admiralty

Suit No.790 of 2017 relief has been sought for withdrawal of an

amount of Euros 12,00,000 (Euros Twelve Lakh only) from the

accounts of Defendant No.5 and directing the Defendant No.5 to

disburse the amounts in the manner as detailed below :

20-IA (L) 5592.2023 in COMAS 790.2017.doc

(i) Plaintiff No.1 : Euro 4,00,000 (Euro Four Lakh only)

(ii) Manning Parties : Euro 4,00,000 (Euro Four Lakh only)

(iii) Sridhar : Euro 4,00,000 (Euro Four Lakh only)

2. The Applicant in Paragraph 22 of the Interim Application has

referred to an Agreement between the Applicant, Defendant No.1 and

Defendant No.5 that all the parties would require withdrawal of the

funds from the accounts standing in the name of Defendant No.5

which had been deposited pursuant to the Judgment and Decree

passed by the Federal Court of Australia (New South Wales District)

on 15th October, 2014 in exercise of its admiralty jurisdiction in the

matter of Suzlon Energy Limited Vs. Sanjiv Bangad (Defendant No.2)

read alongwith order dated 7th December, 2017. These funds are

required for meeting the respective legal costs and expenses that

would be incurred towards the mediation process and steps for

implementing the proposed settlement between the parties and

accordingly, modification / verification of the order dated 7 th

December, 2017 which restrains the Defendant No.1 from

transferring and / or utilizing and / or removing in any manner,

whatsoever, the funds lying in and / or operating the bank accounts

20-IA (L) 5592.2023 in COMAS 790.2017.doc

in the name of the Defendant No.5 with the Bank Credit Suisse,

Singapore and also in respect of the accounts standing in the name of

Blue Ocean Consultants FZE with the Bank Credit Suisse, Geneva as

mentioned in Paragraph 16 of the said order dated 7 th December,

2017. The Defendant Nos. 3 and 4 - Banks were also restrained

from allowing operation of the bank accounts in the name of

Defendant No.5 in the event of application for de-freezing those

accounts is allowed on the date of such order with immediate effect.

Further, directions were issued in the said order dated 7 th December,

2017 with respect to the bank accounts described in Schedule

annexed at Page 526 to 528 are concerned, the Defendant No.1 is

restrained by this ad-interim order from operating those accounts till

the next date.

3. The Applicant has accordingly sought withdrawal of the funds

from the Defendant No.5-Manning Account for meeting the legal

costs and expenses to be incurred by the Applicant, Defendant Nos. 1

& 5 towards the mediation process and steps for implementing the

process of the proposed settlement between the parties.

4. The learned Counsel for Defendant No.1 and Defendant No.5

seek leave to file their Affidavit-in-Reply to the Interim Application in

20-IA (L) 5592.2023 in COMAS 790.2017.doc

the Registry which have been served on the Applicant. The learned

Counsel appearing for the Defendant No.1 and 5 respectively state

that they have no objection to the relief sought for in the Interim

Application being granted without prejudice to the rights and

contentions raised in the Written Statement and Reply Affidavit is

filed in the Commercial Notice of Motion No.725 of 2017.

5. Having considered the averments in the Interim Application

as well as Affidavit-in-Reply of Defendant Nos. 1 and 5 for which

leave is granted to file in the Registry and for which this Court grants

time till 24th March, 2023, the relief sought for by the

Applicant/Plaintiff is granted.

6. The Interim Application is made absolute in terms of prayer

Clause 'a'.

7. Interim Application is accordingly disposed of.

8. The certified copy of this order is expedited.

[R.I. CHAGLA J.]