TMI Blog2013 (11) TMI 1760X X X X Extracts X X X X X X X X Extracts X X X X ..... ders by following due process of law after hearing the side of the petitioner company. 2. The first defendant in O.A.No.131 of 2013 is the petitioner herein. The first respondent/bank had sought for recovery of ₹ 14,48,66,920/- in the Original Application. Pending the Original Application, based on certain documents submitted by the first respondent/bank and also taking note of the interim relief sought for in paragraph (9) of the Original Application, namely to attach the receivables of the petitioner herein that are due and liable to be paid by the sixth respondent/Southern Railway, Chennai, the following interim order was passed by the Tribunal: The case was mentioned today by applicant's counsel seeking inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from this Tribunal to the first defendant. Applicant bank to provide necessary details to the Registry. In the meantime applicant bank is directed to issue necessary notice to the General Manager, Southern Railway, Park Town, Chennai and also bring them as a garnishee. The matter is posted before Registrar's court on 13.9.2013. By the said order, the Tribunal directed the sixth respondent not to release any payment to the petitioner herein without any further direction from it. Aggrieved thereby, the present writ petition has been filed. 3.1. It is the case of the petitioner that no notice in the Original Application has been issued to them even after the ex parte interim order was passed by the Tribunal and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th a decision of the Supreme Court in Industrial Credit and Investment Corporation of India Ltd. v. GRAPCO Industries Ltd. and others, (1999) 4 SCC 710, wherein it is held as under: 13. An ex parte order is only of a short duration and it is granted to safeguard the interest of the applicant, but, at the same time, such an order cannot be granted as a matter of course. A court or tribunal has also to consider the consequences of such an order if ultimately the order is to be revoked after hearing the defendant. In such circumstances, the Tribunal must put the applicant on terms while granting an ex parte order and compensate the defendant in case the ex parte order was obtained without any justification and harm has been caused to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due under divers bills is, therefore, fixed at ₹ 984.50 Lakhs. It is stated by the learned counsel for the sixth respondent that there are certain contracts which have been terminated and the disputes in that regard are likely to be the subject matter of arbitration. It is also pleaded that there is likelihood of claim by the sixth respondent as against the petitioner. On the part of the first respondent/bank, in paragraph (10) of the additional counter affidavit filed by the first respondent/bank, it is stated that the amount due from the sixth respondent to the petitioner is ₹ 20,73,35,492/-. 7. All the above figures appear for the present to be hypothetical for the simple reason that the writ petitioner, who has exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amounts due by the petitioner to the first respondent/bank, which they have undertaken to pay vide letters dated 31.10.2012 and 28.3.2013. 9. Under such circumstances, in order to provide the petitioner an opportunity to work out his rights with the sixth respondent for payment of the amount for the completed projects or ongoing projects and also to safeguard the interest of the first respondent/bank for payment of certain amount, which admittedly is due by the petitioner, we feel it appropriate to direct the sixth respondent to deposit ₹ 7.50 Crores out of the funds that will be released by the sixth respondent after completion of measurement and other formalities to the credit of the Original Application. The petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
