Madras High Court
M/S.Trimex Industries Private ... vs Refcem Refactories Private Limied on 2 July, 2021
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
O.P.No.620 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
O.P.No.620 of 2020
and O.A.Nos. 206 to 208 of 2020
1.M/s.Trimex Industries Private Limited;
Trimex Towers, No.1 Subbaraya Avenue,
C.P.Ramaswamy Road,
Alwarpet,
Chennai – 600018.
Rep. By its Company Secretary
Mr.S.Sudhakaram
2. M/s.Trimex Sands Private Limited;
Trimex Towers, No.1 Subbaraya Avenue,
C.P.Ramaswamy Road,
Alwarpet,
Chennai – 600018.
Rep. By its Authorized Signatory
Mr.S.Sudhakaram
3.M/s.Trimex Aggregtes and Binders Private Limited,
Room No.26, 2nd Floor, Falcon House,
22A Jharpada, Cuttack Road,
Bhubaneshwar,
Odisha – 751006.
Rep. By its Authorized Signatory
Mr.S.Sudhakaram . . . Petitioners
Page No.1/8
https://www.mhc.tn.gov.in/judis/
O.P.No.620 of 2020
Versus
1.Refcem Refactories Private Limied
(Represented by its Managing Director, Mr.Pradip Kumar Mohanty)
Having its Registered office at
Plot No.516/1679, Kiran Complex,
Kanan Vihar, Phase-II, Patia, Khordha,
Bhubaneswar – 751024
2.Mr.Pradip Kumar Mohanty
Ex-Director of M/s.Trimex Aggregates and Binderes Private Limited
Plot No.516/1679, Kiran Complex,
Kanan Vihar, Phase-II, Patia, Khordha,
Bhubaneswar – 751024 . . . Respondents
PRAYER : Petition filed under Section 11(4) of the Arbitration and
Conciliation Act, 1996 to appoint a Sole Arbitrator to hear and decide the
dispute amongst the parties arising out of the Memorandum of Understanding
dated 17th March 2012.
For Petitioners : Mr.M.S.Krishnan
Senior Counsel for
Mr.S.Raj Makesh
For Respondents : Mr.J.R.K.Bhavananthan
ORDER
This original petition has been filed to appoint a Sole Arbitrator to hear and decide the dispute amongst the parties arising out of the Memorandum of Understanding dated 17th March 2012.
Page No.2/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020
2.Heard the learned counsel for the petitioners and the learned counsel for the respondents.
3. As dispute arose in the Memorandum of Understandings dated 17.03.2012 and 17.07.2012 and Technical Transfer Agreement dated 02.07.2013 entered between the parties, this petition has been filed for appointment of a Sole Arbitrator.
4. Though in the third agreement, the parties have agreed for the three member Arbitral Tribunal, the third agreement is a continuation of the first two agreements entered between the parties. However, first agreement being the mother of the Contract, subsequent contracts are continuation of the earlier contract. In this regard, the parties are governed by the Memorandum of Understanding entered between the parties and Clause 7 of the Memorandum of Understanding dated 17.03.2012 provides for reference to the Sole Arbitrator.
Page No.3/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020
5. Both sides have agreed to appoint Hon'ble Mr.Justice F.M.Ibrahim Kalifullah (Retd.) Former Judge, Supreme Court of India as a Sole Arbitrator to enter upon reference and adjudicate the matter. It is open to the parties to raise all the disputes before the learned Arbitrator as per law.
6. Accordingly, this original petition is ordered as follows:
i) that Hon'ble Mr.Justice F.M.Ibrahim Kalifullah (Retd.) Former Judge, Supreme Court of India, residing at No.22, Sivananda Road, Gill Nagar Extension, Choolaimedu, Chennai– 600 094, Mobile No.7550048928 is appointed as a Sole Arbitrator to enter upon reference and adjudicate the matter.
ii] That the learned Arbitrator appointed herein, shall enter reference afresh and send notice to the parties and the applicant, namely the respondent, shall file claim statement afresh and learned arbitrator shall decide the issue on merits and pass an award as expeditiously as Page No.4/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020 possible, preferably within a period of six months from the date of receipt of the Order.
iii] That the learned Sole Arbitrator appointed herein shall be paid fees as per the schedule and the same shall be borne by the parties equally.
7. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
O.A.Nos. 206 to 208 of 2020 These original applications have been filed for an order of interim injunction restraining the respondent No.1 from using, transferring, alienating or creating any third party rights or interest in the Plant and Machinery and land and building in Plot No.2326(P) , Khata No.531/1, corresponding to IDCO Plot No.65 and 66 in Revenue Mouza, Makundaprasad comprising an area of Ac.1.963 Cents and to appoint a receiver as an Administrator in respect of the Respondent No.1 company.
Page No.5/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020
2.Heard the learned counsel for the applicants and the learned counsel for the respondents.
3. Learned counsel for the respondents has filed a counter in the above applications. The respondents have admitted in paragraph No.22 of the counter that the respondents have no intention to alienate, transfer or create any third party right over the property. In view of the such undertaking, there shall be an order of interim injunction against the respondent from transferring, alienating or creating any third party rights in the property till the arbitral proceedings is over.
5. In view of the above, all the original applications are ordered.
02.07.2021 msv Page No.6/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020 To Hon'ble Mr.Justice F.M.Ibrahim Kalifullah (Retd.) Former Judge, Supreme Court of India, No.22, Sivananda Road, Gill Nagar Extension, Choolaimedu, Chennai– 600 094 Mobile No.7550048928 Page No.7/8 https://www.mhc.tn.gov.in/judis/ O.P.No.620 of 2020 N. SATHISH KUMAR,J.
Msv O.P.No.620 of 2020 and O.A.Nos. 206 to 208 of 2020 02.07.2021 Page No.8/8 https://www.mhc.tn.gov.in/judis/