Madras High Court
M/S.M.M.T.C.Ltd vs The Chairman on 19 January, 2022
Author: S.M. Subramaniam
Bench: S.M.Subramaniam
W.P.No.1683 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.1683 of 2011
and
M.P.No.1 of 2011
M/s.M.M.T.C.Ltd.
Rep. by its
Deputy General Manager, (Iron Ore),
'Chennai House',
No.7, Esplanade,
Chennai – 108. ...Petitioner
Vs.
1.The Chairman,
Chennai Port Trust,
No.1, Rajaji road,
Chennai-600 001.
2.The Chief Mechanical Engineer,
Chennai Port Trust,
No.1, Rajaji Road,
Chennai-600 001.
...Respondents
https://www.mhc.tn.gov.in/judis
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W.P.No.1683 of 2011
Prayer: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for
the records of the 1st respondent in issuing the communication dated
03.01.2011 in Ref.No. MEE/VI/203/2010/Dy.CME (OH) and
quash the same and consequently direct the respondents to
invoke/apply the Fore Majeure clause and not to invoke the security
deposit and bank guarantee furnished by the petitioner in furtherance
of Allotment Order No.1/2010, dated 31.1.2010.
For Petitioner : Mr.M.Santhanaraman
For Respondents : Mr.R.Sankara Narayanan
Additional Solicitor General of India
Assisted by Mr.M.R.Dharanichander
ORDER
Mr.R.Sankara Narayanan, learned Additional Solicitor General of India, made a submission that the petitioner, M/s.M.M.T.C Limited, is fully owned by the Government of India https://www.mhc.tn.gov.in/judis Page 2 of 5 W.P.No.1683 of 2011 Enterprise functioning under the Ministry of Commerce, Government of India.
2. In order to resolve the issues in an effective manner, a new mechanism, namely, Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) having two level (tier) structure have been evolved. Accordingly, the petitioner has to approach the said forum for the purpose of resolving the issues. However, during the pendency of the issue, the Bank Guarantee must be made alive and the petitioner has no objection for such contentions raised by the learned Additional Solicitor General of India.
3. This Court passed an interm order for providing a Bank Guarantee and accordingly, the petitioner has provided the Bank Guarantee. The said interim arrangement shall continue until the issues are resolved between the parties and thereafter appropriate decision may be taken accordingly.
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4. With these observations, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
19.01.2022
Jeni/Kan
Internet : Yes
Index : Yes
Speaking order : Yes/No
To
1.The Chairman,
Chennai Port Trust,
No.1, Rajaji road,
Chennai-600 001.
2.The Chief Mechanical Engineer, Chennai Port Trust, No.1, Rajaji Road, Chennai-600 001.
https://www.mhc.tn.gov.in/judis Page 4 of 5 W.P.No.1683 of 2011 S.M. SUBRAMANIAM, J.
Jeni/Kan W.P.No.1683 of 2011 19.01.2022 https://www.mhc.tn.gov.in/judis Page 5 of 5