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Madras High Court

Sri Venkateswara Constructions vs The Chief Engineer (Highways) on 6 December, 2019

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                      W.P. No.11467 of 2017

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 06.12.2019

                                                        CORAM

                             THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                           W.P. No.11467 of 2017
                                                    and
                                     WMP Nos.12448 of 2017, 12449 of 2017
                                                    and
                                                18910 of 2017


                      Sri Venkateswara Constructions,
                      Rep. by its proprietor
                      M.Venkatesan                              ...     Petitioner


                                                          Vs

                      1. The Chief Engineer (Highways),
                      NABARD and Rural Roads,
                      Integrated CEs office,
                      Highways Research Station,
                      No.76, Sardar Patel Road,
                      Guindy,
                      Chenani - 25.

                      2. The Superintending Engineer (H),
                      NABARD & Rural Roads,
                      No.B48, Alagesan Nagar,
                      Chengalpattu - 603 001.

                      3. The Divisional Engineer (H),
                      NABARD & Rural Roads,
                      No.B75, Alagesan Nagar,
                      Chengalapattu - 603 001.



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http://www.judis.nic.in
                                                                         W.P. No.11467 of 2017

                      4. The District Revenue Officer,
                      Vellore Collectorate,
                      Collectorate Building,
                      Vellore - 632 009.                        ....        Respondents


                                  Writ Petition filed under Article 226 of the Constitution of
                      India to issue a Writ of Mandamus directing the respondents 1 to 3
                      not to proceed with any recovery proceedings against the petitioner for
                      their claims arising out of the contract in C.R. Agreement No.42/2006-
                      2007, dated 28.05.2007 pending the adjudication of all disputes
                      between the petitioner and the respondents 1 to 3.


                                  For petitioner          : Mr.Amalaraj
                                  For respondents         : Mr.K.Ravikumar
                                                            Additional Govt. Pleader


                                                    ORDER

The learned counsel for the petitioner submits that subsequent to the filing of the writ petition, an Arbitral award dated 25.01.2019 has been passed in favour of the petitioner. As per the said Arbitral award, no amount is due and payable by the petitioner to the respondents 1 to 3. The Arbitral award dated 25.01.2019 referred to supra has also been placed before this Court today by the learned counsel for the petitioner.

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2. In view of the said Arbitral award, nothing survives for adjudication in this writ petition.

3. Recording the submission of the learned counsel of the petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

06.12.2019 Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order vsi2 To

1. The Chief Engineer (Highways), NABARD and Rural Roads, Integrated CEs office, Highways Research Station, No.76, Sardar Patel Road, Guindy, Chenani - 25.

2. The Superintending Engineer (H), NABARD & Rural Roads, No.B48, Alagesan Nagar, Chengalpattu - 603 001.

3. The Divisional Engineer (H), NABARD & Rural Roads, No.B75, Alagesan Nagar, Chengalapattu - 603 001.

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4. The District Revenue Officer, Vellore Collectorate, Collectorate Building, Vellore - 632 009.

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http://www.judis.nic.in W.P. No.11467 of 2017 ABDUL QUDDHOSE, J.

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