IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2025 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE A.Nos.583 & 584 of 2025 and E.P. DR. No.148194 of 2023 M/s.Kaleesuwari Refinery Pvt. Ltd. rep. by its Authorised Signatory .. Applicant vs STARPAC India Limited, rep. by its Director Mr.Vishal Kumar .. Respondent COMMON ORDER These applications have been filed, aggrieved by the order of the learned Master dated 31.01.2025 passed in A.No.6145 of 2023 in E.P. D.No.148194 of 2023. 2.The applicant is the judgment debtor and the respondent is the decree holder in the E.P. The respondent is having the benefit of an Arbitral Award passed in their favour. Challenging the said Arbitral Award, the applicant has filed a petition under Section 34 of the Arbitration and Conciliation Act. Since there was a delay in re-presenting the petition filed under Section 34 of the Arbitration and Conciliation Act, the applicant filed a condone delay application. The learned Master had dismissed the condone delay application. Aggrieved by the same, 1/4 https://www.mhc.tn.gov.in/judis A.Nos.2306 and 2309 of 2024 have been filed by the applicant before the learned Single Judge of this Court and the same were dismissed. Aggrieved by the same, an Original Side Appeal has been preferred and the same came before the First Bench of this Court today and the case has been adjourned by a week. 3.Learned counsel for the applicant, on instructions would submit that the applicant is now willing to deposit the entire award amount. Even though in these applications, a lesser amount has been mentioned, learned counsel for the respondent would submit that in addition to the amount, mentioned in these applications, further interest amount is payable as per the Arbitral Award. Learned counsel for the applicant, after hearing the representation of the learned counsel for the respondent, on instructions would submit that the applicant is willing to desposit Rs.1,50,00,000/- to the credit of E.P. D.No. No.148194 of 2023 without prejudice to the rights and contentions of the applicant in the O.P. filed by them seeking to set aside the Arbitral Award. 4.Learned counsel for the respondent would submit that the respondent is satisfied if a sum of Rs.1,50,00,000/- is deposited by the applicant to the credit of E.P. D.No.148194 of 2023. He would also submit that the said amount can be allowed to be deposited without prejudice to the rights and contentions of the 2/4 https://www.mhc.tn.gov.in/judis respondent in the O.P. filed by the applicant under Section 34 of the Arbitration and Conciliation Act. 5.In the impugned order dated 31.01.2025 passed by the learned Master, a Warrant of arrest has been issued against the applicant. Since the respondent will be fully secured by the deposit of a sum of Rs.1,50,00,000/- by the applicant to the credit of E.P. D.No.148194 of 2023, A.No.583 of 2025 is allowed on condition that the applicant shall take a Fixed Deposit from any Nationalised Bank favouring the Registrar General of this Court for a sum of Rs.1,50,00,000/- to the credit of E.P. D.No.148194 of 2023 within a period of two weeks from the date of receipt of a copy of this order. On such deposit being made within the stipulated time, the impugned order passed by the learned Master dated 31.01.2025 is set aside by this Court. 6.It is made clear that both the parties are granted liberty to raise all contentions as and when the O.P. filed by the applicant under Section 34 of the Arbitration and Conciliation Act gets numbered with regard to their respective contentions. Consequently, A.No.584 of 2025 is closed. 17.02.2025 vga 3/4 https://www.mhc.tn.gov.in/judis ABDUL QUDDHOSE,J. vga A.Nos.583 & 584 of 2025 and E.P. DR. No.148194 of 2023 17.02.2025 4/4 https://www.mhc.tn.gov.in/judis