TMI Blog2014 (6) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... ects the Respondent/Defendant to hand over/entrust the custody of the machineries concerned, as stated supra, to the Appellant/Plaintiff's Authorised Representative, on or before 16.06.2014, at a place and time to be specified by the Appellant/Applicant/Plaintiff, without fail. Application disposed off. - M. Jaichandren And M. Venugopal, JJ. For the Appellant : Mr. T.V. Ramanujam Senior Counsel for Sri Shankar Associates. For the Respondents : Mr. Arun Karthick Mohan. JUDGMENT M. VENUGOPAL, J. 1. The Appellant/Applicant/Plaintiff has projected the present Original Side Appeals before this Court, as against the Common Order, dated 10.02.2014, in Application Nos. 441, 442, 444 445 of 2013, passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 120734 for Rs. 17,16,482/- and further undertook to pay the balance outstanding payment of Rs. 1,05,00,000/- and issued two post dated cheques for the same. 5. The Learned Senior Counsel for the Appellant/Applicant, by placing reliance on the aforesaid letter of the Respondent/Defendant dated 03.07.2013, forcefully contends that the Respondent/Defendant had undertaken to honour the cheques on due date given therein, failing which, the Appellant/Applicant may proceed with all legal actions, including execution of Advocate Commissioner warrant and thus undertook to clear all the future instalments on due date as per respective agreements without fail. 6. The Learned Senior Counsel for the Appellant/Applicant submits that no amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mission of the Court. 11. Per contra, it is the submission of the Learned Counsel for the Respondent/Defendant that the Respondent/Defendant had filed Petition under Section 34 of the Arbitration and Conciliation Act, 1996, being aggrieved against the Award dated 03.07.2013 and submits that the Respondent/Defendant has valid defence in regard to the maintainability of the Applications inasmuch as they are no measures of interim protection covered in terms of the ingredients of Section 9 of the Act. 12. At this stage of the hearing, the Respondent/Defendant is ready and willing to handover the machineries concerned in O.S.A. Nos. 60 to 62 of 2014 to the Appellant/Applicant/Plaintiff. The details of Machineries and the amount due, accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd over/entrust the custody of the machineries concerned, as stated supra, to the Appellant/Plaintiff's Authorised Representative, on or before 16.06.2014, at a place and time to be specified by the Appellant/Applicant/Plaintiff, without fail. 15. With the aforesaid observations and directions, O.S.A. Nos. 60 to 62 stand disposed of. No costs. 16. In so far as the machinery viz., 1 No. 2011 Model Puzzolana 200 TPH Crusher Plant, relating to O.S.A. No. 63 of 2014 [arising out of A. No. 445 of 2013] is concerned, the Learned Counsel for the Respondent/Defendant submits that the Respondent/Defendant is to make use of the said machinery for its business activities and to raise in earnings. As such, it cannot part with the same for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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