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2023 Supreme(Mad) 102

SENTHILKUMAR RAMAMOORTHY
GPE (India) Ltd – Appellant
Versus
Twarit Consultancy Services Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.P.S.Raman, Senior Advocate for M/s.K.Gowtham Kumar and Mr.Athiban Vijay
For the Respondents: Mr.Satish Parasaran, for Mr.Vishnu Mohan

ORDER :

The first and second petitioners are companies incorporated in Mauritius. The third petitioner is a private limited company incorporated in India, which is the trustee of Gaja Capital India Fund-I, a SEBI registered venture capital fund.

2. The petition was filed to declare the final arbitral award dated 07 January 2021 (the Foreign Award) as enforceable by deeming the same to be a decree of this Court under Section 49 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act). A consequent direction to the respondents to jointly and severally pay the sums set out in paragraph 5 of the petition was also prayed for. The following interim applications were filed by the petitioners: O.A.No.76 of 2022 to restrain the first respondent from utilising the sum of INR 265 crores from and out of monies remitted by the third and fourth respondents therein; and A.No.67 of 2022 for a direction to deposit the sum of INR 265 crore in a separate lien marked account.

Background

3. The petitioners are shareholders of Haldia Coke and Chemicals Private Limited (the Company). 100 equity shares (on payment of INR 10,000) and 11,09,37,000 compulsorily convertible preference shares (CCPS) (on

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