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2008 Supreme(Mad) 2763
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE
HONOURABLE MR. JUSTICE R. SUBBIAH
Tamil Nadu Electricity Board, Chennai
Versus
Videocon Power Ltd., & Others
O.S.A.Nos.112 to 114, 120, 126, 127, 155 and 156 of 2001 and CMP Nos.8197 and 8198 of 2001
Decided on : 01-08-2008
For the Appellant:N.C. Ramesh, S. Raghunathan, Advocates.
For the Respondents:R3, T.C.A. Srinivasan,R1, N.C.Ramesh, Advocates.
The passing of an award under the Arbitration and Conciliation Act rendered the appeals for interim injunction infructuous.
Headnote:
Arbitration and Conciliation Act - Interim Injunction - Summary: The court considered appeals arising from the refusal to grant interim injunction under Section 9 of the Arbitration and Conciliation Act. The appeals became infructuous due to the passing of an award, leading to their dismissal. No costs were awarded.
Fact of the Case:
The appeals arose from the refusal to grant interim injunction under Section 9 of the Arbitration and Conciliation Act. An award had been passed, rendering the appeals infructuous.
Finding of the Court:
The court found that the passing of an award made the appeals unnecessary for consideration, leading to their dismissal. No costs were awarded.
Issues:
Ratio Decidendi:
Final Decision: All the appeals were disposed of due to the passing of an award, and no costs were awarded. The connected CMPs were closed.
M. Chockalingam, J.
These appeals have arisen from the order passed by the learned Single Judge in the applications filed under Section 9 of the Arbitration and Conciliation Act. Those applications were filed for interim injunction. The interim injunction was not granted, but at the same time, the parties were directed to maintain status quo. Aggrieved over the refusal to grant injunction, four appeals have been brought forth, while the other four appeals have been brought forth by the first respondent against the order of status quo.
2. At this juncture, it is brought to the notice of the court by the counsel on either side that an award has been passed and hence no further order is necessary and the appeals do not require for consideration. The learned counsel appearing for the appellants in O.S.A.Nos.126, 127, 155 and 156 of 2001 has made an endorsement that the above appeals have become infructuous and the appeals may therefore be dismissed. The statement made by the learned counsel on either side and the endorsement made by the learned counsel for the appellants in O.S.A.Nos.126, 127, 155 and 156 of 2001 are recorded. In view of the same, all these appeals are disposed of. No costs. Consequently, the connected CMPs are closed.
