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2009 Supreme(Mad) 4925

M.CHOCKALINGAM, V.PERIYA KARUPPIAH
ARKAY Energy (Rameswaram) Ltd. , Nandanam, Chennai – Appellant
Versus
Sundaram Brake Linings Ltd. ,rep. by its Financial Advisor & Secretary, Mr. R. Mani Parthasarathy having registered office at Chennai – Respondent


Advocates Appeared:
For the Appearing Parties:R. Thiagarajan, Senior Counsel, for N.C.Ramesh & T.Sivaprakasam,Advocates, M.S. Krishnan, Senior Counsel for M/s.Sarvabhauman Associates, N.P. Jayakumar, P.R. Raman, Advocates, Krishna Srinivasan for M/s.Ramasubramaniam & Associates, Advocates, V. Vijayan for M/s.King & Partridge.

Judgment :-

M. CHOCKALINGAM, J.

This judgment shall govern all these intra court appeals, which have arisen from a common order dated 29.04.2009 of the learned single Judge of this Court made in the Original Applications No.374, 375, 356, 357, 324, 325, 248, 418, 419 and 435 to 438 of 2009 and Applications No.1939 to 1941, 1842 to 1844 and 1734 to 1739 of 2009, all filed under Section 9 of the Arbitration and Conciliation Act, 1996. While Appeals No.363, 364, 361, 317, 318, 163 to 168, 169, 170, 192 to 201 and 213 to 215 are at the instance of the respondent in those applications challenging the impugned order, the other three appeals, namely, Appeals No.385 to 387 of 2009 are at the instance of the applicants, seeking expulsion of certain observations made in the said order. For the sake of convenience, the respondent in the original applications is described as the appellant herein.

2. The facts and circumstances leading to these appeals can be stated as follows:

The appellant/respondent, a captive power plant as defined in Section 2(8) of the Electricity Act, 2003, entered into agreements with the applicants for investment and for power supply. Every agreement entered into betwee
























































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