Madras High Court
Yentop Manickam Edible Oils ... vs Olam International Limited on 21 June, 2022
O.S.A.Nos. 81 & 82 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE SUNDER MOHAN,
O.S.A.Nos. 81 & 82 of 2022
and C.M.P. No.9578 of 2022
Yentop Manickam Edible Oils Private Limited,
123, Katchery Road,
Virudhunagar – 626 001.
Tamil Nadu, India.
.. Appellant in OSA.No.81 of 2022
Manickavel Edible Oils Private Limited,
123A, Katchery Road,
Virudhunagar – 626 001.
Tamil Nadu, India.
.. Appellant in OSA.No.82 of 2022
v.
Olam International Limited,
Rep. By its Authorised Representative
Mr. Anil Shamrao Jadhav
7, Straits View, Marina One East Tower,
320-01, Singapore – 018 936.
... Respondent in both OSAs
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O.S.A.Nos. 81 & 82 of 2022
O.S.A.No.81 of 2022 : Original Side Appeal filed under Order
XXXVI Rule 9 of the Original Side Rules and under section 13 (1) of the
Commercial Courts Act, to allow the present appeal and set aside the
order dated 09.12.2021 made in E.P.Sr.No.92265 of 2021 and
consequently declare that E.P.No.69 of 2021 is not maintainable.
O.S.A.No.82 of 2022 : Original Side Appeal filed under Order
XXXVI Rule 9 of the Original Side Rules and under section 13 (1) of the
Commercial Courts Act, to allow the present appeal and set aside the
order dated 09.12.2021 made in E.P.Sr.No.92266 of 2021 and
consequently declare that E.P.No.68 of 2021 is not maintainable.
For Appellants : Mr. Suhrith Parthasarathy
(in both Appeals)
For Respondent :
(in both Appeals) for M/s. Deepika Murali
COMMON JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the common order passed by the learned Single Judge
in E.P. SR.Nos. 92265 & 92266 of 2021 holding that the Execution
Petitions filed by the decree holders are maintainable, the judgment
debtors have filed the above Original Side Appeals.
2. Mr. Suhrith Parthasarathy, learned counsel appearing for the
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O.S.A.Nos. 81 & 82 of 2022
appellants submitted that the appellants-judgment debtors are aggrieved
over the findings of the learned Single Judge at para 4 of the order dated
09.12.2021.
3. The learned Single Judge, while dealing with 4th objection
raised by the appellants stating that the property in question is situated
outside the ordinary original jurisdiction of this Court and a composite
petition for recognition and enforcement of a foreign award would only
lie before the High Court having original jurisdiction in terms of the
explanation to Sub Section 2 of Section 47 of the Arbitration and
Conciliation Act, 1996. The learned Single Judge relying upon the
judgment of the Hon'ble Supreme Court reported in 2020(10) SCC 1
[Government of India v. Vedanta Limited and others] wherein the
Hon'ble Apex Cort concluded that a composite petition is required to
be filed before the High Court concerned, as per the amendment to
section 47 by Act 3 of 2016, held that a composite petition is
maintainable only before this court as per para 83.9 of the said
Judgment. Further, while holding that the Execution Petitions are
maintainable, the learned Single Judge observed that the petition cannot
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O.S.A.Nos. 81 & 82 of 2022
be rejected at the threshold on the ground of maintainability.
4. The learned counsel appearing for the appellants submitted that
instead of going into the merits of the common order passed by the
learned Single Judge, it would be suffice to permit the appellants to file
their counter raising the issue with regard to maintainability of the
petitions and the learned Single Judge may be requested to decide the
said issue at the time of deciding the Execution Petitions.
5. Mr. Amitva Majundar, learned counsel appearing for the
respondent submitted that this court has got jurisdiction to entertain the
petitions and the learned Single Judge has rightly held that the petitions
filed by the decree holders are maintainable. However, the learned
counsel submitted that the liberty sought for by the learned counsel for
the appellant may be given and the learned Single Judge may be
requested to decide the said issue at the time of deciding the Execution
Petitions.
6. Having regard to the submissions made by the learned counsel
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O.S.A.Nos. 81 & 82 of 2022
on either side, without interfering with the common order passed by the
learned Single, which are impugned in the above appeals, we make it
clear that it is open to the appellants to file a counter raising the issue
with regard to maintainability of the Execution Petitions and in the case
of such issue is raised in the counter to be filed by the judgment debtors-
appellants, the learned Single Judge shall decide the same on merits and
in accordance with law at the time of deciding the Execution Petitions.
The learned counsel appearing for the appellants submitted that the
appellants would file their counter within two weeks.
With the above observations, the Original Side Appeals are
disposed of. No costs. Consequently, connected Miscellaneous Petition
is closed.
[M.D., J.] [S.M., J.]
21.06.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
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O.S.A.Nos. 81 & 82 of 2022
M. DURAISWAMY, J.
and
SUNDER MOHAN, J
Rj
O.S.A.Nos. 81 & 82 of 2022
and C.M.P. No.9578 of 2022
21.06.2022
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