Ion Exchange (India) Limited vs Angeripalayam Common Effluent
2021 Latest Caselaw 19688 Mad

                                                                           OSA No.163 of 2019



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 24.09.2021

                                                      CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                        AND
                                     THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                 OSA No.163 of 2019
                                                         and
                                       CMP Nos. 6516 of 2020 and 14228 of 2019

                     Ion Exchange (India) Limited,
                     Represented by its Business Advisor
                           and Authorized Signatory T.D.Srinivasan,
                     Tiecion House, Dr. E Moses Road,
                     Mahalaxmi, Mumbai 400011.                            .. Appellant

                                                         Vs.

                     Angeripalayam Common Effluent
                           Treatment Plant Ltd,
                     SF No.88, Garden Kanjampalayam,
                     Pitchampalayam,
                     Pudur (PO), Tirupur- 641603.                         .. Respondent


                     Prayer: Appeal filed under Order XXXVI, Rule 1 of Original Side Rules
                     and Section 37 of the Arbitration and Conciliation Act, 1996 against the
                     order dated 30.04.2019 passed in O.P.No.942 of 2018.




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                OSA No.163 of 2019




                                   For the Appellant        : Mr.Ramakrishnan Viraraghavan
                                                              Senior Advocate
                                                              for Mr.G.Sivashankaran
                                   For the Respondent       : Mr.M.S.Krishnan
                                                              Senior Advocate
                                                              for Mr.R.Vidhya Shankar

                                                       JUDGMENT

(Delivered by the Hon'ble Chief Justice)

As recorded in the previous order passed yesterday, a joint

memorandum has been filed on behalf of the parties signed by

instructing counsel on either side. Let such joint memorandum of

September 24, 2021 be retained with the papers. The joint

memorandum reflects what is recorded in the order passed yesterday

to the effect that the first head of claim of Rs.24.14 crore on account

of capital costs made by the claimant in the reference (the respondent

herein) and the entirety on the counter-claim made by the appellant

herein shall be referred for fresh arbitration to Justice K.Kannan

(retired). The parties should decide on the fees of the learned

arbitrator in consultation with the learned arbitrator. It is hoped that

the fresh reference is disposed of as expeditiously as possible and

without any party seeking to obtain any unnecessary adjournment.

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https://www.mhc.tn.gov.in/judis/ OSA No.163 of 2019

2. As a necessary corollary, the award dated April 18, 2018 will

be of no further effect as regards the first head of claim of the claimant

in the reference and the entirety of the counter-claim of the appellant

herein. The deposit of Rs.4 crore made by the appellant should

immediately be refunded to the appellant, without prejudice to the

rights and contentions of the respondent herein.

3. In view of the aforesaid, OSA No.163 of 2019 is disposed of.

CMP Nos.14228 of 2019 and 6516 of 2020 are closed.

There will be no order as to costs.

                                                                     (S.B., CJ.)          (P.D.A., J.)
                                                                                   24.09.2021
                     Index : No
                     bbr/drm

                     To:

                     The Sub Assistant Registrar
                     Original Side
                     High Court, Madras.




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https://www.mhc.tn.gov.in/judis/ OSA No.163 of 2019

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

bbr

OSA No.163 of 2019

24.09.2021

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https://www.mhc.tn.gov.in/judis/