Madras High Court
Oil & Natural Gas Corporation Ltd vs Arkay Energy (Rameswaram) ... on 9 June, 2023
C.M.A.No.784 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2023
CORAM
THE HON'BLE MRS.JUSTICE N.MALA
C.M.A.No.784 of 2023
Oil & Natural Gas Corporation Ltd.,
Karaikal Asset, Neravy Office Complex,
Karaikal,
Puducherry – 609 604. ... Appellant
vs.
Arkay Energy (Rameswaram) Private Ltd.,
Having its registered office at
1st Floor, Unit 3, Kapil Towers,
Financial District,
Gachi Bowli,
Hyderabad – 500 032. ... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Order dated 09.12.2022 passed by the
Hon'ble District Court, Karaikal in I.A.No.1 of 2022 in Arb.OP.No.36 of
2022.
For Appellant : Mr.Mohammed Fayaz Ali
For Respondent : Mr.M.S.Krishnan,
Senior Counsel for Anirudh Krishnan
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C.M.A.No.784 of 2023
JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the Order dated
09.12.2022 passed by the Hon'ble District Court, Karaikal in I.A.No.1 of
2022 in Arb.OP.No.36 of 2022.
2.The learned Senior Counsel appearing for the respondent submitted
that I.A.No.1 of 2022 in Arb. OP.No.36 of 2022 was closed as infructuous
on 24.04.2023 by the Additional District and Sessions Court, Karaikal.
3.The learned counsel for the appellant agrees that the Civil
Miscellaneous Appeal has become infructuous, in view of the closure of the
I.A.No.1 of 2022 in Arb.OP.No.36 of 2022.
4.The learned Senior Counsel appearing for the respondent submits
that he has filed the Abr.OP.No.5 of 2023 and he has also filed an
Interlocutory Application in I.A.No.1 of 2023 for interim stay. He further
submits that the learned District and Sessions Judge has not taken the
Interlocutory Application on the ground that the Civil Miscellaneous
Appeal is pending before the High Court.
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C.M.A.No.784 of 2023
5.In view of the submission made by both the learned counsel and in
view of the closure of I.A.No.1 of 2022 in Arb.OP.No.36 of 2022 as
infructuous, nothing survives for adjudication in the Civil Miscellaneous
Appeal. Therefore, this Civil Miscellaneous Appeal is also dismissed as
infructuous. There shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
6.It is stated by the learned Senior counsel appearing for the
respondent that by virtue of the interim order the appellant tried to encash
the letter of credit and by an order dated dated 03.04.2023, this Court had
passed the interim order recording the submission of the appellant in the
Civil Miscellaneous Appeal that the appellant would not encash the letter of
credit till 24.04.2023. The said interim order was extended by this Court till
08.06.2023.
7.The learned counsel therefore seeks protection till the stay
application filed by the respondent in I.A.No.1 of 2023 in Arb.OP.No.5 of
2023 is taken up and also requested this Court to issue direction to the
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C.M.A.No.784 of 2023
learned District and Sessions Judge to dispose off the above said application
within a time frame.
8.In view of the submission made by the learned Senior Counsel
appearing for the respondent that he had the benefit of interim order till
08.06.2023 and in the interest of justice, this Court is inclined to issue a
direction to the Arbitration Tribunal to dispose off I.A.No.1 of 2023 in
Arb.OP.No.5 of 2023 on or before 16.07.2023, in accordance with law. The
appellant is also directed not to encash the letter of credit, till the disposal
of the said I.A.No.1 of 2023.
9.It is brought to the notice of this Court by both the learned counsels
that the Arbitration Tribunals are not following the provisions of Clause 3
of the Madras High Court (Arbitration) Rules, 2020, wherein the
nomenclature and cause title for the application filed under the Act are
given. Different nomenclatures are given for the applications filed under
the Act in these Rules for the purpose of procedural convenience.
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C.M.A.No.784 of 2023
10.The learned counsel on both sides therefore request this Court to
issue direction to the Arbitration Tribunals to follow the Judicial
Notification of The Madras High Court (Arbitration) Rules, 2020 strictly
with regard to the nomenclature and cause title with regard to the
application filed under the Act, so that confusion may be avoided.
11.In view of the submissions made by the learned counsels on both
sides, this Court issues a direction to the Arbitration Tribunals to follow
strictly Clause 3 of the Madras High Court (Arbitration) Rules, 2020 with
regard to the nomenclature and cause title for the applications filed under
the Act and also strictly apply the nomenclature given in the Rules for the
purpose of procedural convenience.
12.Registry is directed to circulate the copy of this order to the
Arbitration Tribunals to ensure strict compliance with Clause 3 of the
Madras High Court (Arbitration) Rules, 2020.
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C.M.A.No.784 of 2023
09.06.2023
Index : yes/no
Internet : yes/no
ah
To
1.The District Court,
Karaikal.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.M.A.No.784 of 2023
N.MALA, J.
ah
C.M.A.No.784 of 2023
09.06.2023
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