Madras High Court
Arkay Energy (Rameswaram) Pvt. Ltd vs Oil And Natural Gas Corporation Ltd on 28 November, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2022
CORAM:
THE HON'BLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.3913 of 2022
and
C.M.P.No.20479 of 2022
Arkay Energy (Rameswaram) Pvt. Ltd.,
Having its registered office at
1st Floor, Unit 3,
Kapil Towers, Financial District,
Gachi Bowli
Hyderabad-500 032. ... Petitioner
Versus
Oil and Natural Gas Corporation Ltd.,
Karaikal Asset, Neravy Office Complex,
Karaikal, Puducherry – 609 604. ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, to direct the learned District Court, Karaikal to take on record and
number the petition bearing Arb.OP.(Filing) No.288 of 2022 filed by the
petitioner, pending on the file of the learned District Court, Karaikal.
For Petitioner : Mr.Anirudh Krishnan
ORDER
This Civil Revision Petition is filed by the revision petitioner seeking direction to the District Court, Karaikal, to number the petition filed under Section 9 of the Arbitration Act in Arbitration O.P(Filing) No.288 of 2022. 1/6 https://www.mhc.tn.gov.in/judis
2. According to the revision petitioner, there was an arbitration between the petitioner and the respondent with regard to the entitlement of the respondent to levy GDU (Gas Dryer Unit) on the petitioner. The Arbitral Tribunal appeared to have passed an award against the petitioner on 14.11.2022 in virtual arbitration proceedings. However, according to the petitioner, the Arbitration award copy is not yet made ready and furnished to the petitioner. In such circumstances, the petitioner herein has filed a petition under Section 9 of the Arbitration Act seeking interim protection restraining the respondent from taking any steps to recover the sums as per the award and also encashing the LC.No.20183291010385 dated 22.03.2015 and LC No.20183291LC0394 dated 18.05.2018 and enforcement of the lien placed by Karnataka Bank, vide its letter dated 21.09.2019, created by the petitioner in favour of the respondent, till the disposal of the application.
3. The said application was returned by the court below with a direction to the petitioner to produce the copy of the arbitral award. Even in paragraph No.30 of the affidavit filed in support of the petition under Section 9 of the Arbitration Act, the petitioner has stated that the award was pronounced on 14.11.2022 and the copy of the award has not been given to petitioner so far. In the light of the said averments, the petitioner is not in a 2/6 https://www.mhc.tn.gov.in/judis position to furnish the copy of the award.
4. The learned counsel for the petitioner, on instructions, would submit that if an interim protection is given in favour of the petitioner restraining the respondent from encashing LC.No.20183291010385 dated 22.03.2015 and LC.No.20183291LC0394 dated 18.05.2018, he will be satisfied and he may not press first limb of prayer regarding the injunction restraining the respondent from taking any steps to recover the sums as per the award.
5. In the light of the averments made by the petitioner in paragraph No.30 of affidavit filed in support of the petition under Section 9 of the Arbitration Act and by taking into consideration the peculiar fact that the award copy is not yet made ready and furnished to the petitioner, the court below is directed to number the petition filed under Section 9 of the Arbitration Act and dispose it in accordance with law, without insisting production of copy of award.
6. The petitioner is directed to re-present the arbitration OP (Filing) No.288 of 2022 within a period of one week from today. On such re- presentation, the court below is directed to number and dispose of the same, in 3/6 https://www.mhc.tn.gov.in/judis accordance with law, if it is otherwise in order.
7. In the meantime, the respondent shall not take any steps to encash LC.No.20183291010385 dated 22.03.2015 and LC.No.20183291LC0394 dated 18.05.2018 in pursuance of the award dated 14.11.2022 which has not been served on the petitioner.
8. With the above direction, this Civil Revision Petition is disposed. Consequently, connected miscellaneous petition is closed. No costs.
28.11.2022 Internet:Yes Index:Yes/No gv Note: Issue order copy on or before 29.11.2022 4/6 https://www.mhc.tn.gov.in/judis To The learned District Court, Karaikal.
S.SOUNTHAR, J.
gv 5/6 https://www.mhc.tn.gov.in/judis C.R.P.No.3913 of 2022 and C.M.P.No.20479 of 2022 28.11.2022 6/6 https://www.mhc.tn.gov.in/judis