Madras High Court
Arkay Energy (Rameswaram) Pvt. Ltd vs Oil And Natural Gas Corporation Ltd on 28 November, 2022
CRP.No.3913 of 2022
CRP.No.3913 of 2022
S.SOUNTHAR,J.
This matter is posted today before this Court under the caption “For
Being Mentioned” at the instance of the learned counsel for the petitioner in respect
of the order passed on 28.11.2022.
2. The learned counsel for the petitioner brought to the notice of this
Court that the second limb of his prayer contains two parts namely, one pertaining
to encashment of letter of credit and the other relating to enforcement of lien and
the second part of the prayer has not been considered by the Court. Further, the
learned counsel for the petitioner submitted that before the period of one week
allowed by this Court, if the respondent take steps for enforcement of lien on the
petitioner's bank deposits, the petitioner would be put to irreparable loss.
3. Accordingly, by taking into consideration, the balance of
convenience, this Court is inclined to direct the respondent not to take any steps for
enforcement of lien on the bank deposits of the petitioner for a period of one week
from today.
1/10
https://www.mhc.tn.gov.in/judis
CRP.No.3913 of 2022
4. The Registry is directed to issue a substituted order by including the
following words in the para No.4 of the original order by adding after 18.05.2018
“or enforcement of lien on the petitioner's bank deposits.” The same words shall be
included in 3rd line of para No.7 after 18.05.2018.
5. It is also clarified that the interim protection granted by this Court to
the petitioner will be in operation only for a period of one week from today, to
enable the petitioner to re-present the arbitration OP (filing) No.288 of 2022 and
get appropriate orders from the concerned Court. Therefore, following a new para 8
has to be added after para 7 and before existing para '8'.
“the interim protection granted to the petitioner in para '7' of
the order shall be in operation only upto 07.12.2022 to enable the
petitioner to represent arbitration OP papers in filing No.288 of 2022 and
get appropriate orders from concerned Court. It is needless to say
concerned Court shall consider said petition to be represented by the
petitioner on merits, without being influenced by any observation made in
this order.”
2/10
https://www.mhc.tn.gov.in/judis
CRP.No.3913 of 2022
6. Renumber existing para 8 as para 9.
7. It is made clear that in all other respects, the order dated 28.11.2022,
shall remain unaltered.
01.12.2022
dna
Note: Issue order copy today (01.12.2022)
3/10
https://www.mhc.tn.gov.in/judis
CRP.No.3913 of 2022
S.SOUNTHAR,J.,
dna
CRP.No.3913 of 2022
01.12.2022
4/10
https://www.mhc.tn.gov.in/judis
CRP.No.3913 of 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 5/10 https://www.mhc.tn.gov.in/judis CRP.No.3913 of 2022 9 of the Arbitration Act in Arbitration O.P(Filing) No.288 of 2022.
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 6/10 https://www.mhc.tn.gov.in/judis CRP.No.3913 of 2022 averments, the petitioner is not in a 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 accordance with law, if it 7/10 https://www.mhc.tn.gov.in/judis CRP.No.3913 of 2022 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 8/10 https://www.mhc.tn.gov.in/judis CRP.No.3913 of 2022 To The learned District Court, Karaikal.
9/10 https://www.mhc.tn.gov.in/judis CRP.No.3913 of 2022 S.SOUNTHAR, J.
gv C.R.P.No.3913 of 2022 and C.M.P.No.20479 of 2022 28.11.2022 10/10 https://www.mhc.tn.gov.in/judis