Madras High Court
Formerly At vs Represented By Its Company ... on 27 April, 2023
O.S.A.(CAD).No.35 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
O.S.A.(CAD).No.35 of 2023
and C.M.P.No.8046 of 2023
NLC India Ltd.
Presently at:
First Floor, No. 8, Mayor Sathiyamurthy Road,
FSD, Egmore Complex of Food Corporation of India,
Chetpet, Chennai - 600 031.
Formerly at:
135 EVR Road
Kilpauk, Chennai - 600 010.
Represented by its Chairman / Managing Director ... Appellant
Versus
TAQA Neyveli Lignite Power Company Pvt. Ltd.
(Formerly known as ST-CMS Electric Co. Pvt. Ltd.)
Presently at:
79, Kasturi Avenue, MRC Nagar,
RA Puram,
Chennai - 600 028.
Formerly at:
4-D, Century Plaza
560-562, Mount Road,
Chennai.
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1/5
O.S.A.(CAD).No.35 of 2023
Represented by its Company Secretary,
K.Raghunathan ... Respondent
Prayer : Original Side Appeal - Commercial Appellate Division filed under
Section 13(1)(A) of the Commercial Courts Act, 2015 read with Section
37(1)(b) of the Arbitration and Conciliation Act, 1996 to set aside the
impugned order dated 09.03.2023 in Original Application No.111 of 2023.
For Appellant : Mr.A.R.L.Sundaresan,
Senior Counsel
Assisted by Mr.S.S.Arjun
For Respondent : Mr.P.S.Raman, Senior Counsel
Assisted by
Mr.Thriyambak J.Kannan
JUDGMENT
(Made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy)
This Original Side Appeal is directed against the order of the learned
Single Judge, dated 09.03.2023 in O.A.No.111 of 2023 granting an interim
order of injunction in the application filed under Section 9 of the
Arbitration and Conciliation Act, 1996.
2. When the matter came up for hearing, considering the fact that the
learned Single Judge himself has restricted the interim order only for a
period of one month from the date of initiation of arbitration proceedings,
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O.S.A.(CAD).No.35 of 2023
today both the sides filed memos indicating their nominee Arbitrators to the
Tribunal. On behalf of the appellant, the memo has been filed nominating
Ms.Justice Indu Malhotra, learned Retired Judge of the Hon'ble Supreme
Court of India as its nominee Arbitrator. It is also informed that the learned
Judge had consented to be the learned Arbitrator.
3. A memo has been filed on behalf of the respondent nominating
Mr.Justice L.Nageshwar Rao, learned Retired Judge of the Hon'ble Supreme
Court of India as its nominee and that the learned Judge had consented for
the same.
4. In view there of, both the learned Arbitrators have to meet and
nominate the Presiding Arbitrator and the arbitration proceedings shall
continue. Upon constitution of the Arbitration Tribunal, the said interim
prayer, which is prayed for in the present O.A.No.111 of 2023, shall be
considered by the Tribunal under Section 17 of the Arbitration and
Conciliation Act, 1996 without being, in any manner, influenced by the
observations made by the learned Single Judge, but, on its own merits. It
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O.S.A.(CAD).No.35 of 2023
goes without saying that all the questions raised by the parties in this appeal
are left open to be raised before the learned Arbitrators.
5. The Original Side Appeal in O.S.A.(CAD).No.35 of 2023 is
disposed off on the above terms. There shall be no order as to costs.
Consequently, the connected miscellaneous petition is closed.
(T.R., ACJ.) (D.B.C., J.)
27.04.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
https://www.mhc.tn.gov.in/judis
O.S.A.(CAD).No.35 of 2023
T.RAJA, ACJ.,
AND
D.BHARATHA CHAKRAVARTHY, J.,
grs
O.S.A.(CAD).No.35 of 2023
and C.M.P.No.8046 of 2023
27.04.2023
https://www.mhc.tn.gov.in/judis
