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[Cites 2, Cited by 0]

Madras High Court

Avant Garde Cleanroom & Engg. Solutions ... vs Swiss Garniers Genexiaa Sciences Pvt. ... on 23 June, 2025

                                                                                     O.S.A. (CAD) Nos.70 to 73 of 2025

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED:          23.06.2025

                                                             CORAM :

                                     THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
                                                                 AND
                                       THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                        O.S.A. (CAD) Nos.70, 71, 72 and 73 of 2025
                                   and C.M.P.Nos.14422, 14423, 14426 and 14434 of 2025

                     O.S.A. (CAD) Nos.70 and 72 of 2025:

                     Avant Garde Cleanroom & Engg. Solutions Pvt. Ltd.,
                     rep. by its Authorised Signatory Ravi Bhushan,
                     Having Office at D-1/1, Basement, Janakpuri,
                     Opp. MERI College, New Delhi-110 058            .. Appellant

                                                           vs.

                     Swiss Garniers Genexiaa Sciences Pvt. Ltd.,
                     rep. by its Authorised Signatory Mohammed Adnan,
                     SKCL Central Square I, 1 st Floor,
                     South Wing, C28-35 CIPET Road,
                     Thiru-Vi-Ka Industrial Estate,
                     Guindy, Chennai, Tamil Nadu-600 032.          ..                      Respondent

                     O.S.A. (CAD) Nos.71 and 73 of 2025:

                     Avant Garde Healthcare & Engg. Solutions Pvt. Ltd.,
                     Having Office at D-1/1, Basement, Janakpuri,
                     Opp. MERI College, New Delhi-110 058             .. Appellant

                                                           vs.

                     __________
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                                                                                  O.S.A. (CAD) Nos.70 to 73 of 2025




                     Swiss Garniers Genexiaa Sciences Pvt. Ltd.,
                     rep. by its Authorised Signatory Mohammed Adan Zakir Hussain
                     SKCL Central Square I, 1 st Floor,
                     South Wing, C28-35 CIPET Road,
                     Thiru-Vi-Ka Industrial Estate,
                     Guindy, Chennai, Tamil Nadu-600 032.


                     Previously Operated at:
                     No.25, Level 3, Kambar Street,
                     Alandur, Chennai-600 116.                                        ..   Respondent


                     PRAYER in OSA (CAD) No.70 of 2025 : Appeal filed under Section 13(1A)
                     of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of the
                     Original Side Rules and Section 37 of the Arbitration and Conciliation Act,
                     1996 to set aside the order dated 9.9.2024 passed in A.No.2060 of 2024 in
                     Arb O.P. (Comm. Div.) No.457 of 2024.

                     PRAYER in OSA (CAD) No.71 of 2025 : Appeal filed under Section 13(1A)
                     of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of the
                     Original Side Rules and Section 37 of the Arbitration and Conciliation Act,
                     1996 to set aside the order dated 27.9.2024 passed in A.No.4989 of 2024
                     in Arb O.P. (Comm. Div.) No.458 of 2024.

                     PRAYER in OSA (CAD) No.72 of 2025 : Appeal filed under Section 13(1A)
                     of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of the
                     Original Side Rules and Section 37 of the Arbitration and Conciliation Act,
                     1996 to set aside the order dated 27.9.2024 passed in A.No.4987 of 2024
                     in Arb O.P. (Comm. Div.) No.457 of 2024.

                     PRAYER in OSA (CAD) No.73 of 2025 : Appeal filed under Section 13(1A)
                     of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of the
                     Original Side Rules and Section 37 of the Arbitration and Conciliation Act,

                     __________
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                                                                                         O.S.A. (CAD) Nos.70 to 73 of 2025

                     1996 to set aside the order dated 9.9.2024 passed in A.No.2059 of 2024 in
                     Arb O.P. (Comm. Div.) No.458 of 2024.


                                       For Appellant            Mr.Hari Radhakrishnan
                                       in all appeals:

                                       For Respondent           Mr.Krithika Jaganathan
                                       in all appeals:


                                                      COMMON JUDGMENT

(Delivered by the Hon'ble Chief Justice) The primary grievance in the appeals is that the learned Single Judge dispensed with 75% of the pre-deposit and, according to Shri Hari Radhakrishnan, the Court could not have waived.

2. Ms.Krithika Jaganathan submitted that this Court would not have jurisdiction to entertain appeals.

3. At this stage, Shri Hari Radhakrishnan states that all rights and contentions be kept open to be raised before the learned Single Judge.

4. Keeping open all rights and contentions, appeals are disposed of.

__________ Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 04:28:08 pm ) O.S.A. (CAD) Nos.70 to 73 of 2025 There shall be no order as to costs. Consequently, interim applications are closed.

5. We clarify that we have not made any observation on the merits or on the maintainability of the appeals, in view of the statement made by Shri Hari Radhakrishnan.





                                                (K.R.SHRIRAM, CJ.)                         (SUNDER MOHAN, J.)
                                                                                      23.06.2025

                     Index        :           Yes/No
                     Neutral Citation         :    Yes/No
                     bbr

                     To:

                     The Sub Assistant Registrar,
                     Original Side Section,
                     Madras High Court.




                     __________
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O.S.A. (CAD) Nos.70 to 73 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr O.S.A. (CAD) Nos.70, 71, 72 and 73 of 2025 23.06.2025 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/06/2025 04:28:08 pm )