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2019 Supreme(Mad) 1409

R.SUBBIAH, B.PUGALENDHI
NLC Tamilnadu Power Limited, a Subsidy of Neyveli Lignite Corporation Limited, Represented by its Chief Executive Officer – Appellant
Versus
SICAL Logistics Limited, having its registered office at South India House, Rrepresented by its President & Chief Executive Officer, Captain K. N. Ramesh – Respondent


Advocates Appeared:
For the Appellants :R. Senthil Kumar, K.R. Laxman, Advocates
For the Respondent:AR.L. Sundaresan, Senior Counsel, G. Prabhu Rajadurai, Advocate

JUDGMENT :

R. Subbiah, J.

(Prayer: Appeal filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, read with Clause No.15 of Letter Patents Act, Section 104 and Order 43 of the Code of Civil Procedure, against the order passed in Arbitration O.P.No.72 of 2018, dated 26.11.2018 by the learned Principal District Judge, Tuticorin.)

1. This Civil Miscellaneous Appeal has been focused challenging the order dated 26.11.2018 passed in Arbitration O.P.No.72 of 2018, by the learned Principal District Judge, Tuticorin.

2. Facts leading to the filing of the present Civil Miscellaneous Appeal, briefly narrated, are as follows:

2.1. The first appellant is a public sector undertaking, incorporated as a joint venture between the second appellant and the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) and primarily engaged in the operation of coal-based power projects in Tuticorin. The second appellant is a public sector undertaking engaged in the business of mining and power generation. It is a public limited company incorporated in the year 1956. The respondent is a company incorporated under the Companies Act, 1956 and is engaged in the business of providing

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