Madras High Court
Oil & Natural Gas Corporation Ltd vs Arkay Energy (Rameswaram) Private Ltd 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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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 3/7 https://www.mhc.tn.gov.in/judis 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. 4/7 https://www.mhc.tn.gov.in/judis 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.
5/7 https://www.mhc.tn.gov.in/judis 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. 6/7 https://www.mhc.tn.gov.in/judis C.M.A.No.784 of 2023 N.MALA, J. ah C.M.A.No.784 of 2023 09.06.2023 7/7 https://www.mhc.tn.gov.in/judis