Madras High Court
Hardy Exploration & Production (India) vs Oil And Natural Gas Corporation on 30 January, 2019
Author: M.M.Sundresh
Bench: M.M.Sundresh, Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice KRISHNAN RAMASAMY
O.S.A.No.3 of 2018
Hardy Exploration & Production (India)
Inc., having its Office at
5th Floor, Westminister Building,
108, Dr.Radhakrishnan Salai,
Chennai - 4. .. Appellant
Vs
1.Oil and Natural Gas Corporation
Ltd., CMDA Building Tower II,
7th Floor, South Wing,
1, Ganesh Irwin Road, Egmore,
Chennai - 8.
2.Hindustan Oil Exploration Company
Ltd., Lakshmi Chambers,
192, St. Mary's Road, Alwarpet,
Chennai - 28.
3.Tata Petrodyne Ltd.,
3rd Floor, Metropolitan,
Bandra Kurla Complex,
Bandra East, Mumbai - 400 053. .. Respondents
http://www.judis.nic.in
2
Appeal preferred under Order XXXVI Rule 1 of O.S. Rules r/w
Clause 15 of Letters Patent and Section 37(1)(a) of the Arbitration and
Conciliation Act, 1996, against the order dated 30.11.2017 made in
O.A.No.346 of 2017.
For Appellant .. Mr.P.R.Raman,
Sr. Counsel
for M/s.Vinod Kumar
For Respondents .. Mr.M.Vijayan
for M/s.King and Patridge for R1
Mr.Arun Karthik Mohan for R2
Mr.Srinath Sridevan for R3
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal is filed against the dismissal of the application filed under Section 9 of the Arbitration and Conciliation Act, 1996. However, in the meanwhile, award has been reserved by the Foreign Arbitration Tribunal. In such view of the matter, we are of the considered view that no adjudication is necessary in this appeal.
2.Inasmuch as the learned senior counsel appearing for the appellant has raised the question of law with respect to the jurisdiction of this Court to entertain the application under Section 9 of the Arbitration and Conciliation Act, 1996 on the basis that the amendment http://www.judis.nic.in 3 made to Section 2 (2) of the Arbitration and Conciliation Act, 1996, we deem it appropriate to leave the said issue open to be decided at the appropriate stage as undertaking the said exercise in this case would be of mere academic in nature.
3.Accordingly, the Original Side Appeal stands disposed of, leaving the legal issue open. Consequently, the findings and reasoning rendered by the learned single Judge leading to her conclusion are also eschewed. We observe so, also on the ground that the appeal is the continuation of the original proceedings, though admittedly, it is not a matter of right. Secondly, this Court should also exercise the power permitting the appellant to withdraw the appeal. There is yet another reason for the order passed. Depending upon the award to be passed, both the parties may also approach this Court and raise their respective contentions, which situation we do not want to preempt at this stage. Thus, we leave the doors open to the parties to raise all the issues both on law and on facts, if they desire to do so. No costs.
(M.M.S.J.,) (K.R.J.,) 30.01.2019 Index:Yes/No mmi http://www.judis.nic.in 4 To The Sub Assistant Registrar, Original Side, High Court, Madras.
http://www.judis.nic.in 5 M.M.SUNDRESH, J.
and KRISHNAN RAMASAMY, J.
mmi O.S.A.No.3 of 2018 30.01.2019 http://www.judis.nic.in