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2004 Supreme(Mad) 471

P.SATHASIVAM, S.R.SINGHARAVELU
Techmo Car SPAhaving its Registered Office at Via R. Golpi, 15/178, 35010 Limena (PD), Italy – Appellant
Versus
The Madras Aluminium Company Limited, Mettur Dam, Salem District,Tamil Nadu, represented by its Deputy General Manager (F & A), Mr. Joy Saxena – Respondent


Advocates:
A.L.Somayaji, Senior Counsel, for AR.L.Sundaresan, for Petitioner.
C.A.Sundaram, Senior Counsel, for S.Raghunathan, for Respondent.

P.Sathasivam, J.: Aggrieved by the order of the Additional District Judge, Salem dated 22.10.2003, made in Arbitration O.P.No.46 of 2003, Techmo Car SPA, Italy has filed the above appeal under Sec.37 of the Arbitration and Conciliation Act, 1996.

2. The respondent herein, The Madras Aluminium Company Limited, Mettur Dam filed the above Arbitration O.P., (O.P.No.46 of 2003) on 12.3.2003 under Sec.9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) praying for an order directing the Techmo Car to furnish security by depositing into Court to the credit of the said petition, a sum namely US $.5,757,565 equivalent to Rs.27,40,60,111 or in the alternative to furnish security to the said value in the form acceptable to the petitioner which could be enforced for recovering the aforesaid amount pending disposal of the arbitral proceedings and also an order of interim injunction restraining the said company from removing any records, papers and documents from the petitioner’s factory premises situated in Mettur Dam, Salem District, Tamil Nadu, pending disposal of the arbitral proceedings.

3. For convenience, we shall refer the parties as referred to before t

































































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