IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 24.06.2024 CORAM THE HONOURABLE Mr.JUSTICE M.SUNDAR and THE HONOURABLE Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A.No.118 of 2020 and O.S.A.No.218 of 2021 and C.M.P.No.8978 of 2021 in O.S.A.No.218 of 2021 O.S.A.No.118 of 2020 M/s.ICMC Corporation Ltd., 36, Ambattur Industrial Estate Chennai - 600 058 Tamil Nadu. .... Appellant Vs M/s.Electronics Corporation of Tamil Nadu Ltd., 692, Anna Salai, Nandanam Chennai - 600 035.

Tamil Nadu ... Respondent Prayer : Original Side Appeal filed under Clause 15 of the Letters Patent read with Section 37 of Arbitration and Conciliation Act, 1996 read with Order 36 Rule 1 of Original Side Rules, praying to set aside the fair and decreetal order dated 24.01.2020 passed in O.P. No.821 of 2019 insofar as it interferes with Arbitral Award dated 22.08.2019 passed by the learned Arbitrator, and consequentially restore the Arbitral Award in its entirety by allowing the O.S.A along with costs including complete reimbursement of the cost of extension of Bank Guarantee till 23/01/2020 with interest @ 15% and pass any other orders deemed fit and necessary in the circumstances of this case.

O.S.A.No.218 of 2021 Electronic Corporation of Tamil Nadu Limited

692, Anna Salai, Nandanam Chennai - 600 035. .... Appellant Vs ICMC Corporation Limited

36, Ambattur Industrial Estate Chennai - 600 050 ... Respondent Prayer : Original Side Appeal filed under Clause 15 of the Letters Patent read with Section 37 of Arbitration and Conciliation Act, 1996 read with Order 36 Rule 1 of Original Side Rules, praying to modify the order passed in O.P. No.821 of 2019 dated 24.01.2020 and set aside the award and allow the original petition as prayed for.

O.S.A.No.118 of 2020:

For Appellant : Mr.M.S.Krishnan, Senior Counsel for Mr.J.James For Respondent : Mr.M.Vijayan assisted by Ms.Bensi Rema for M/s.King and Partridge O.S.A.No.218 of 2021:

For Appellant : Mr.M.Vijayan assisted by Ms.Bensi Rema for M/s.King and Partridge For Respondent : Mr.M.S.Krishnan, Senior Counsel for Mr.J.James

COMMON JUDGMENT

This common consent judgment/order will now dispose of the captioned intra-court Appeals i.e., 'Original Side Appeals' [hereinafter 'OSAs' for the sake of brevity] and captioned 'Civil Miscellaneous Petition'

[hereinafter 'CMP' for the sake of brevity] in O.S.A.No.218 of 2021.

2. Owing to the trajectory the captioned matters took in the hearing before this Court, it is really not necessary to dilate much on facts. In other words, factual matrix in a nutshell i.e., short facts shorn of granular particulars will suffice.

3. Factual matrix in a nutshell is that the genesis of the matter is constituted by two contracts; 'contract dated 14.02.2013' [hereinafter 'I Contract' for the sake of brevity, convenience and clarity] and 'another contract dated 15.07.2013' [hereinafter 'II Contract' for the sake of brevity, convenience and clarity] between 'ICMC Corporation Limited' [hereinafter 'ICMC' for the sake of brevity] and 'Electronic Corporation of Tamil Nadu Limited' [hereinafter 'ELCOT' for the sake of brevity, convenience and clarity]; that I Contract is for supply of 3,00,000 laptops and II Contract is for supply of 26,000 laptops; that the laptops were to be supplied by ICMC to ELCOT; that disputes erupted; that a writ petition was filed in this Court and an order was made by a Single Judge; that this was carried in appeal vide an intra-Court appeal; that a Division Bench made an order in the intra-Court appeal; that the matter was further carried to Hon'ble Supreme Court; that Hon'ble Supreme Court disposed of the matter by directing the parties to take steps towards appointment of Arbitrator, besides directing ELCOT to pay the disputed sum to ICMC subject to issuance of bank guarantee pending arbitration; that the parties by consent constituted Hon'ble 'Arbitral Tribunal' [hereinafter 'AT' for the sake of brevity, convenience and clarity]; that Justice (Retd) Ajit Prakash Shah, a former Hon'b