Praxair India Private Limited vs Ambuthirtha Power Private Limited on 3 May, 2013

[Cites 2, Cited by 0]

Karnataka High Court

Praxair India Private Limited vs Ambuthirtha Power Private Limited on 3 May, 2013

Bench: Ram Mohan Reddy

                           1

                                           W.P.18657/13

IN THE HIGH COURT OF KARNATAKA, BANGALORE

        DATED THIS THE 3rd DAY OF MAY, 2013

                       BEFORE

  THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

    WRIT PETITION NO. 18657 OF 2013 (GM-RES)


BETWEEN:

PRAXAIR INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES
ACT, 1956, HAVING ITS REGISTERED
OFFICE AT MERCURY 2B BLOCK, 6TH FLOOR
PRESTIGE TECHNOLOGY PARK,
MARATHALLI OUTER RING ROAD
BANGALORE - 560 013
REP.BY ITS GPA HOLDER
MR. STHANU SINGH
                                        ... PETITIONER

(BY SRI. K G RAGHAVAN, ADVOCATE)

AND :

AMBUTHIRTHA POWER PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT No. 137
7TH FLOOR, HMG AMBASSADOR BUILDING
RESIDENCY ROAD, BANGALORE - 560 025.
REP.BY ITS DIRECTOR.
                                        ... RESPONDENT

(BY SRI. LOMESH KIRAN N, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH
                                 2

                                                     W.P.18657/13

ADDITIONAL CITY CIVIL JUDGE, BANGALORE, IN A.A.No.
25004/13 TO DISPOSE OF THE IA WITHIN TEN DAYS; AND ETC.

      THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Having heard the learned Counsel for the petitioner and the counsel for the respondent extensively on the question of interim relief, learned counsel for the petitioner files an affidavit of its General Power of Attorney holder undertaking to pay Rs.1,10,06,796/- (Rupees one crore ten lakhs six thousand seven hundred and ninety six only) within a period of six weeks (though Sri.Raghavan, learned Counsel for the petitioner submits that it could be read as two weeks) and certain other terms, as and by way of interim arrangement until the disposal of application under Section 9 of the Arbitration and Conciliation Act before the trial Court. Although learned counsel for the respondent contends that the respondent is entitled to much more than Rupees six crores from the petitioner, 3 W.P.18657/13 nevertheless submits that all contentions may be kept open and only as an ad-interim measure that the petitioner be directed to comply with the terms as set out in the affidavit and a direction be issued to the trial court to conclude the proceedings at the earliest, the respondent would be agreeable to such terms as recorded in the affidavit.

The affidavit reads thus:

"I, Sthanu Singh, aged about 36 years, Son of Mr. P N Singh, residing at A-504, Aishwarya Excellency, Vijinapura, Old Madras Road, K R Puram, Bangalore - 560 016 do hereby solemnly affirm and state on oath as follows : -

1. I state that I am the General Power of Attorney holder of the petitioner company in the instant case. I am aware of the facts and circumstances of the case and authorized to swear to this Affidavit.

2. I state that, the petitioner has filed the above writ petition seeking issuance of directions to the IV Additional City Civil Court to dispose off the Interlocutory Application No.1 in A.A.No.25004/2013 within 10 days.

4 W.P.18657/13

3. I state that, on 26/04/2013 this Hon'ble Court was pleased to pass an interim order directing the respondent not to terminate the PPA for a period of three months.

4. The respondents has filed an I.A. for vacating the stay. The petitioner hereby undertake to pay to the Respondent 75% of Rs.1,46,75,728/- (One Crore Forty Six Lakh Seventy Five Thousand Seven Hundred and Twenty Eight Only) being a portion of the amount in dispute between the parties coming to Rs.1,10,06,796/- (One Crore Ten Lakh Six Thousand Seven Hundred and Ninety Six Only) within a period of 6 weeks from the date hereof.

5. The above payment would be subject to final outcome in the Arbitration between the parties.

6. The Petitioner shall continue to pay the tariff to the Respondent for power supplied by the respondent to the petitioner, as per the provisions of the Power Purchase Agreement dated 27th July, 2011.

WHEREFORE, this Hon'ble Court may be pleased to take the same on record and pass an order directing the Respondent not to terminate the PPA pending conclusion of the Arbitration Proceedings between the Parties, in the interests of justice and equity." 5 W.P.18657/13

2. Keeping open all contentions of both the parties since nothing is being decided on the merits or demerits of such contentions in this petition, the writ petition is disposed of in the like terms referred to supra. It is needless to state that the respondent would continue to supply electrical energy to the petitioner in terms of the agreement until further orders before the trial court. Trial Court to dispose of Section 9 application by 28th of June, 2013.

Sd/-

JUDGE ln

Unlock Advanced Research with PRISMAI

Karnataka High Court