2024:MHC:4151 IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment reserved on 06.12.2024 Judgment pronounced on 17.12.2024 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY O.S.A. (CAD) Nos.55 & 56 of 2021 and C.M.P.Nos.12418 & 12857 & 12407 of 2021 OSA(CAD) No.55 of 2021 1. EIH Limited, an existing company incorporated within the meaning of the Companies Act, 1956 and having its Registered office at No.4, Mangoe Lane, Kolkata-700 001 Rep by its Authorised Signatory Mr.Gautam Ganguly.

2.Oberoi Hotels Private Limited an existing company incorporated within the meaning of the Companies Act, 1956 and having its Registered office at No.4, Mangoe Lane, Kolkatta-700 001. .. Appellants vs

1. Balaji Hotels & Enterprises Ltd. A company incorporated under the Companies Act, 1956 and having its registered office at 365 (old No.267), Anna Salai, Teynampet, Chennai-600 018 and Corporate Office at No.9, Bazullah Road, T.Nagar, Chennai-600 017.

2. Balaji Industrial Corporation Ltd. A company incorporated under the Companies Act, 1956 and having its corporate office and carrying on business at No.9, Bazullah Road, T.Nagar, Chennai-600 017.

3.IFCI Ltd., a company incorporated under the Companies Act, 1956 and having its office at Continent Towers, 142, M.G.Road, Chennai-600 034.

4. Tourism Finance Corporation of India Ltd.

A company Incorporated under the Companies Act, 1956 and having its registered office at Tower 1, 4^th Floor, NBCC Plaza, Pushp Vihar Sector 5, Saket, New Delhi-110 017.

5. Robust Hotels Pvt. Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 365, Anna Salai, Teynampet, Chennai, Tamil Nadu. ... Respondents

1. EIH Limited, an existing company incorporated within the meaning of the Companies Act, 1956 and having its Registered office at No.4, Mangoe Lane, Calcutta-700 001.

2.Oberoi Hotels Private Limited an existing company incorporated within the meaning of the Companies Act, 1956 and having its Registered office at No.4, Mangoe Lane, Calcutta-700 001. .. Appellants vs

1. Balaji Hotels & Enterprises Ltd. A company incorporated under the Companies Act, 1956 and having its registered office at 365 (old No.267), Anna Salai, Teynampet, Chennai-600 018

2. Balaji Industrial Corporation Ltd. A company incorporated under the Companies Act, 1956 and having its corporate office and carrying on business at No.9, Bazullah Road, T.Nagar, Chennai-600 017.

3.Asset Reconstruction Company (India) Limited a company incorporated under the Companies Act, 1956 and having its office and carrying on business at

17^th Floor, Express Towers, Nariman Point, Mumbai-400 021.

4. ICICI Bank Limited Having its Office at ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400 051.

5. IFCI Ltd.

A company incorporated under the Companies Act, 1956 and having its registered office at IFICI Tower 61, Nehru Place, New Delhi-110 019.

6. Tourism Finance Corporation of India Limited a company incorporated under the Companies Act, 1956 and having its office at IFICI Tower

61, Nehru Place, New Delhi-110 019

7. Anand Rathi Securities Private Limited, 54-55, Mittal Court, “B”, Nariman Point, Mumbai-400 021.

8. Robust Hotels Pvt. Limited Having its registered office at 365, Anna Salai, Teynampet, Chennai, Tamil Nadu.

9. Avali Srinivasan

10.Arun Kumar Saraf

11.Amit Saraf

12.Hyatt Hotels Corporation, a company incorporated under the appropriate laws of the USA and having its office at 71S, Wacker Dr.Chicago, IL 60606-4637, United States .. Respondents Prayer in OSA(CAD) No.55 of 2021 : Appeals under Order 36 Rule 91 of the Original Side Rules read with Clause 15 of the Letters Patent and the provisions of Section 13(1) of the Commercial Courts Act, 2015 to set aside the impugned judgment and decree dated 30.07.2021 dismissing the suit in C.S.No.164 of 2011.

Prayer in OSA(CAD) No.56 of 2021 : Appeals under Order 36 Rule 91 of the Original Side Rules read with Clause 15 of the Letters Patent and the provisions