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2019 Supreme(Mad) 3272

R.SUBBIAH, T.KRISHNAVALLI
G-Tech Stone Limited – Appellant
Versus
BFIL Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Thiagarajan.
For the Respondent: Krishna Srinivasan for M/s. Ramasubramaniam.

JUDGMENT :

R. SUBBIAH, J.

Prayer: Original Side Appeal (O.S.A.) filed under Order XXXVI Rule 9 of the Madras High Court Original Side Rules, read with Clause 15 of the Letters Patent, against the order and decree dated 15.10.2019 passed by the learned Single Judge in Application (Appeal) No. 6896 of 2019 in E.P. No. 75 of 2018 on the file of the learned Master, High Court (Original Side), Madras.

1. This Original Side Appeal (O.S.A.) is filed as against the order dated 15.10.2019 passed by the learned Single Judge in Application (Appeal) No. 6896 of 2019 in E.P. No. 75 of 2018, whereby the said application seeking to set aside the order dated 28.08.2019 passed by the learned Master of this Court, was dismissed, thereby, confirming the arrest of the second appellant as ordered by the learned Master on 28.08.2019 passed in E.P. No. 75 of 2018.

2. Brief facts which are necessary to decide the issue involved in this appeal are as follows:

    (a) An arbitration case was filed by the respondent-Company as against the first appellant-Company for breach of terms and conditions of the agreement, dated 02.02.1995 for recovery of the full consideration for 5,40,000 Optionally Fully Convertible Debent

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