Application for interim injunction regarding WTG equipment during pending arbitration. Court noted agreements expired via efflux of time but services were rendered. Respondents had accepted payments and provided undertaking against alienation. Application closed without granting interim order.
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OA NO. 618 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-12-2024
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI
OA NO. 618 of 2024
Suzlon Global Services Limited
Suzlon, 5, Shrimali Society, Near Shri Krishna Complex,
Navrangpura, Ahmedabad, Gujarat.
Applicant(s)
Vs
Industrial Mineral Co and another
Partership Firm Having principal place of business at No.2, Harrington Road, 5th Floor, K.R.M.Centre, Chetpet, Chennai 600 031.Suzlon, 5, Shrimali Society, Near Shri Krishna Complex, Navrangpura, Ahmedabad, Gujarat and another
Respondent(s)
For Applicant(s): Mr.S.Kaushik Ramaswamy For Respondent(s): Mr.J.Titus Enock
ORDER
This Application has been filed to pass an order of interim injunction restraining the 1st respondent, its officials, employees, representatives and/or anyone claiming through or under it from dealing with and disposing the Wing Turbine Generator equipment morefully detailed in Schedule herein and creating any third party right(s) thereof, pending disposal of the arbitration proceedings.
3.The learned counsel for the Applicant would take me through the contracts viz., Operation and Management Services and Maintenance (With Parts and Consumables) Agreement both dated 26.03.2014. It is an admitted case that the said agreements were extended periodically, the last agreement was valid upto as late as 24.03.2024. Therefore, the said agreements have come to an end by efflux of time. Be that as it may, the learned counsel for the Applicant submits that services were provided to the respondents under the two agreements. According to the Applicant by E.mail dated 04.05.2023 and 25.09.2023, the respondents have admitted liability of the claims made by the Applicant. However, it is the contention of the respondents that the employees of the Applicant at the time of servicing the equipment had taken away the major parts and lodged a Police Complaint.
counsel for the Applicant on the ground that the police complaint was closed by Police Authorities. In any event, this is a matter which shall be decided by the Arbitrator. The respondents have accepted the agreements and the amounts paid. It is also brought to
my notice that the Applicant has also taken out an Application, under Section 11 of the https://www.mhc.tn.gov.in/judis
Arbitration and Conciliation Act, 1996. It is seen from the counter affidavit filed by the first respondent that at paragraph No.8 stated as follows: “ The respondents have no intention of alienating the WTG in favour of anybody”. The said undertaking is recorded, making it clear that the respondents will be at liberty to engage third parties for the purposes of servicing the equipment and also for securing the equipment by appointing Security and necessary agreements in that regard alone would be permissible. However, there shall be no other alienation or encumbrance, till the disposal of the arbitration proceedings.
19-12-2024
To
2 issues framed by the court
Whether an interim injunction restraining disposal of equipment is required during pending arbitration.
Validity of applicant's undertaking regarding alienation of the Wing Turbine Generator.
1 provisions across 1 enactments
Suzlon Global Services Limited
Industrial Mineral Co and another
S Chandresan
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
