Befesa Agua vs Ivrcl Infrastructure And Projects Ltd on 12 January, 2017

[Cites 1, Cited by 3]

Madras High Court

Befesa Agua vs Ivrcl Infrastructure And Projects Ltd on 12 January, 2017

Bench: N. Authinathan

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.01.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
and
THE HONOURABLE MR.JUSTICE N. AUTHINATHAN

O.S.A.Nos.174, 175, 176 and 177 of 2013
and 211, 212, 213 and 214 of 2013
and M.P.Nos.1 of 2014 ( 4 in nos.)


1. BEFESA AGUA, SAU
    CIF A 41290792, Avda Buhaire, 2
    41018 Sevilla, Spain

2. BEFESA INFRASTRUCTURE INDIA PVT LTD.,
    2nd Floor, Gee Gee Universal, No.2 Mc. Nichols
    Road, Chetpet, Chennai-600 031

3. BEFESA CONSTRUCTION & TECHNOLOGIA
       AMBIENTAL SAU Y19 CONSTRUCCIONES Y 
       DEPURACIONES SAU, UNION TEMPORAL DE
       EMPRESAS (UTE)
       CIF A 41290792, Avda Buhaire, 2
       41018 Sevilla, Spain		        
					
				       Appellants in OSA Nos.174 to 177 of 2013

Vs


1. IVRCL INFRASTRUCTURE AND PROJECTS LTD.,
    M-22/3RT, Vijayanagar Colony, Hyderabad
    500 057 represented by its Director R. Balarami
     Reddy


2. CHENNAI WATER DESALINATION LTD,
    30A South Phase 6th Cross Road, TVK Industrial Estate,
    Guindy, Chennai-600 032

3. M/s CITIBANK N.A. CHENNAI
    Ground Floor, Anna Salai, 
    Chennai  600 002	
			         
			   	    Respondents in O.S.A Nos.174 to 177/2013


	Appeals filed Under Order 36 R.1 of Original Side Rules r/w clause 15 of the Letters Patent  against the order of the learned Single Judge dated 02.04.2013 in A.Nos.3370-3371/2011 and O.A.No.610 and 611 of 2011(OSA Nos.174 to 177/2013) and dated 15.04.2013 in Review Application Nos.1769, 1771, 1773 and 1776 of 2013 in A.Nos.3370-3371 of 2011 and O.A Nos.610 and 611 of 2011(OSA Nos.211 to 214 of 2013).

		For Appellants	:	No appearance

		For R.1 & R.2	:	Mr.Triyambak.J. Kanne
		For R.3		:	No appearance


COMMON JUDGMENT

[Judgment of the court was delivered by S.NAGAMUTHU, J.] These appeals are filed against the order of the learned Single Judge dated 02.04.2013 in A.Nos.3370-3371/2011 and O.A.No.610 and 611 of 2011(OSA Nos.174 to 177/2013) and dated 15.04.2013 in Review Application Nos.1769, 1771, 1773 and 1776 of 2013 in A.Nos.3370-3371 of 2011 and O.A Nos.610 and 611 of 2011(OSA Nos.211 to 214 of 2013).

2. When the matters are taken up for hearing, there is no representation for the appellants. The respondents 1 and 2 are ready. These appeals arise out of the Order passed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim directions. Arbitration proceedings have been pending from 2011 onwards. The appellants appear to have lost interest in prosecuting these appeals, which is evident from the fact that there is no representation today.

3. Having regard to the fact that the parties can work out their remedy before the Arbitration Proceedings, we are not inclined to interfere with the interim orders. Therefore, all the appeals are dismissed.

S.NAGAMUTHU,J.

And N. AUTHINATHAN,J., sr

4. The learned counsel for the respondents 1 and 2 submitted that there is a talk going between the parties to settle the issue.

5. It is for them to settle and to report before the Arbitration Tribunal. No costs. Consequently, connected MPs are closed.

							      (S.N.J.,)      (N.A.N.J.,)
							               12-01-2017  
	            
Index		: Yes/no
Internet	: Yes/no

sr	

To

The Sub Assistant Registrar,
(Original Side),
High Court, Chennai.

				       O.S.A.Nos.174, 175, 176 and 177 of 2013
                                             and 211, 212, 213 and 214 of 2013

http://www.judis.nic.in

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