Madras High Court
M/S. Vme Precast Pvt Ltd vs Finnish Fund For Industrial on 5 April, 2023
O.S.A.No.137 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
O.S.A.Nos.137,138,139 and 140 of 2015
&
C.M.P.No.237 of 2016, M.P.Nos.1,1,1 and 1 of 2015
O.S.A.No.137 of 2015
1.M/s. VME Precast Pvt Ltd
rep by its Director
No.364, Pillaiyar Koil Street
Paneer Nagar
Mogappair West
Chennai-600 037
2.M/s. VME Properties Pvt Ltd
Rep by its Director
No.364, Pillaiyar Koil Street
Chennai-600 037 .. Appellants
Vs.
1. Finnish Fund for Industrial
Co-operation Ltd (Finnfund)
Having its office at
Uudenmaankatu 16B, 4th floor
F100 121, Helsinki, Finaland
https://www.mhc.tn.gov.in/judis 1
O.S.A.No.137 of 2015
represented herein by its
Authorised Signatory
Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank
A bank constituted under the provisions of
the Banking Companies (Acquisition & Transfer
Undertakings) Act, 1970 and
having its registered office at 10 BTM Sarani
Kolkata 700 001
rep by its Director
3.M/s. Alchemist Asset Reconstruction Company Limited
rep by its Chief operating Officer
D-54, 1st floor,
Defence Colony,
New Delhi-110 024 .. Respondents
(R3 impleaded as per the order of the
court made in C.M.P.No.11983 to 11986 of 2016
in O.S.A.No.137 to 140 of 2015)
Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original
side Rules read with Clause 15 of the Letters Patent against the order of the
learned Single Judge dated 27.04.2015 made in A.No.787 of 2014.
For Appellants : Mr.V.Kalyanaraman
for
M/s.Aiyar and Dolia
For Respondents : Mr.P.Giridharan for R1
Mr.V.Suthakar for R2
Mr.K.Harishankar for R3
O.S.A.No.137 of 2015
O.S.A.No.138 of 2015
1.M/s. VME Precast Pvt Ltd
rep by its Director
No.364, Pillaiyar Koil Street
Paneer Nagar
Mogappair West
Chennai-600 037
2.M/s. VME Properties Pvt Ltd
Rep by its Director
No.364, Pillaiyar Koil Street
Chennai-600 037 .. Appellants
Vs.
1. Finnish Fund for Industrial
Co-operation Ltd (Finnfund)
Having its office at
Uudenmaankatu 16B, 4th floor
F100 121, Helsinki, Finaland
represented herein by its
Authorised Signatory
Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank
A bank constituted under the provisions of
the Banking Companies (Acquisition & Transfer
Undertakings) Act, 1970 and
having its registered office at 10 BTM Sarani
Kolkata 700 001
rep by its Director
3.M/s. Alchemist Asset Reconstruction Company Limited
rep by its Chief operating Officer
D-54, 1st floor,
Defence Colony,New Delhi-110 024 .. Respondents
O.S.A.No.137 of 2015
(R3 impleaded as per the order of the
court made in C.M.P.No.11983 to 11986 of 2016
in O.S.A.No.137 to 140 of 2015)
Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original
side Rules read with Clause 15 of the Letters Patent against the order of the
learned Single Judge dated 27.04.2015 made in A.No.788 of 2014.
For Appellants : Mr.V.Kalyanaraman
for
M/s.Aiyar and Dolia
For Respondents : Mr.P.Giridharan for R1
Mr.V.Suthakar for R2
Mr.K.Harishankar for R3
O.S.A.No.139 of 2015
1.M/s. VME Precast Pvt Ltd
rep by its Director
No.364, Pillaiyar Koil Street
Paneer Nagar
Mogappair West
Chennai-600 037
2.M/s. VME Properties Pvt Ltd
Rep by its Director
No.364, Pillaiyar Koil Street
Chennai-600 037 .. Appellants
Vs.
O.S.A.No.137 of 2015
1. Finnish Fund for Industrial
Co-operation Ltd (Finnfund)
Having its office at
Uudenmaankatu 16B, 4th floor
F100 121, Helsinki, Finaland
represented herein by its
Authorised Signatory
Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank
A bank constituted under the provisions of
the Banking Companies (Acquisition & Transfer
Undertakings) Act, 1970 and
having its registered office at 10 BTM Sarani
Kolkata 700 001
rep by its Director
3.M/s. Alchemist Asset Reconstruction Company Limited
rep by its Chief operating Officer
D-54, 1st floor,
Defence Colony,
New Delhi-110 024 .. Respondents
(R3 impleaded as per the order of the
court made in C.M.P.No.11983 to 11986 of 2016
in O.S.A.No.137 to 140 of 2015)
Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original
side Rules read with Clause 15 of the Letters Patent against the order of the
learned Single Judge dated 27.04.2015 made in A.No.789 of 2014.
For Appellants : Mr.V.Kalyanaraman
for
M/s.Aiyar and Dolia
O.S.A.No.137 of 2015
For Respondents : Mr.P.Giridharan for R1
Mr.V.Suthakar for R2
Mr.K.Harishankar for R3
O.S.A.No.140 of 2015
1.M/s. VME Precast Pvt Ltd
rep by its Director
No.364, Pillaiyar Koil Street
Paneer Nagar
Mogappair West
Chennai-600 037
2.M/s. VME Properties Pvt Ltd
Rep by its Director
No.364, Pillaiyar Koil Street
Chennai-600 037 .. Appellants
Vs.
1. Finnish Fund for Industrial
Co-operation Ltd (Finnfund)
Having its office at
Uudenmaankatu 16B, 4th floor
F100 121, Helsinki, Finaland
represented herein by its
Authorised Signatory
Mr.Juha-Pekka Tuomipu u
2. M/s. UCO Bank
A bank constituted under the provisions of
the Banking Companies (Acquisition & Transfer
Undertakings) Act, 1970 and
O.S.A.No.137 of 2015
having its registered office at 10 BTM Sarani
Kolkata 700 001
rep by its Director
3.M/s. Alchemist Asset Reconstruction Company Limited
rep by its Chief operating Officer
D-54, 1st floor,
Defence Colony,
New Delhi-110 024 .. Respondents
(R3 impleaded as per the order of the
court made in C.M.P.No.11983 to 11986 of 2016
in O.S.A.No.137 to 140 of 2015)
Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original
side Rules read with Clause 15 of the Letters Patent against the order of the
learned Single Judge dated 27.04.2015 made in A.No.6198 of 2014.
For Appellants : Mr.V.Kalyanaraman
for
M/s.Aiyar and Dolia
For Respondents : Mr.P.Giridharan for R1
Mr.V.Suthakar for R2
Mr.K.Harishankar for R3
COMMON JUDGMENT
(Judgment of the Court was made by S.S.SUNDAR,J.)
Learned counsel appearing for the appellants submits that all these
Appeals arise out of the interim order passed by the learned Single Judge of
O.S.A.No.137 of 2015
this Court U/s. 9 Of the Arbitration and Conciliation Act, 1996. It is stated
by the learned counsel for the appellants that the Arbitration Award was
passed and the award was also challenged by way of a Original Petition
filed by the appellants.
2. Though the Arbitral Award was confirmed, Appeal is now pending
before the Hon'ble Supreme Court in S.L.P. In view of the subsequent
developments and that the Arbitral Award being the subject matter of
further proceedings, learned counsel appearing for the appellants states that
nothing survive in these appeals and therefore the appeals may be
dismissed as infructuous.
3. Recording the statement made by the learned counsel appearing for
the appellants, these Original Side Appeals are dismissed as infructuous.
No costs. Consequently, connected miscellaneous petitions are closed.
(S.S.S.R.J) & (P.B.B.J)
05.04.2023
Internet: Yes
Index:Yes/No
O.S.A.No.137 of 2015
To
1.The Sub Assistant Registrar (Original side)
High Court, Madras
2.The Section Officer
VR Section,
High Court, Madras
O.S.A.No.137 of 2015
S.S.SUNDAR, J.,
and
P.B.BALAJI,J
kpr
O.S.A.Nos.137,138,139 and 140 of 2015
05.04.2023
https://www.mhc.tn.gov.in/judis 10
