Navayuga Infotech Private v. The Tamilnadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.6.2017

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN Writ Appeal No.637 of 2017 Navayuga Infotech Private Ltd.

rep. by its Vice President U.B.Raju 250/94, Parsn Apartment 3rd Floor, Lloyds Road Gopalapuram Chennai 600 086.

..

Appellant/Petitioner Vs.

1. The Tamil Nadu Electricity Board rep. by its Chief Engineer/R-APDRP 144, Anna Salai Chennai 600 002.

2. The ITI Ltd.

Corporate Marketing Unit F84 ITI Complex Dooravani Nagar Bangalore 560 016.

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Respondents/Respondents ----- Appeal under Clause 15 of the Letters Patent filed against the order dated 26.5.2017 made in W.P.No.13520 of 2017. Prayer in WP.No.13520/17:

Pleased to call for the entire records pertaining to the impugned order of the 1st respondent in their letter proceedings Letter No.CE/RAPDRP/ SE-II/ RAPDRP/EE-4/AEE1/ FTIANotice/D.143/17 dated 28.03.2017 and quash the same consequently direct the 1st respondent to make the milestone payment of a sum of Rs. 140 crores for the work already completed by this Petitioner in terms of the contract dated 30.10.2010 between this petitioner and 1st respondent pursuant to the contract of Restructured Accelerated Power Development Programme ----- For Appellant : Mrs.P.Bagyalakshmi For Respondent-1 : Mr.A.Abdul Hameed For Respondent-2 : Mrs.Rita Chandrasekaran ------

J U D G M E N T

(Delivered by Huluvadi G.Ramesh,J) The writ appeal is directed against the order dated 26.5.2017 made in W.P.No.13520 of 2017.

2. Heard the learned counsel appearing for all the parties.

3. The learned counsel appearing for the appellant submitted that the writ appeal may be dismissed as withdrawn, in view of the order dated 21.6.2017 passed by the Apex Court in Civil Appeal No.008354 of 2017 (@ SLP(C) No.16470 of 2017), the relevant portion of which reads as under:

"In the circumstances, we record the statement which has been made on behalf of respondent No.1 and Writ Appeal No.637 of 2017 shall stand dismissed as withdrawn. In consequence, the order passed by the Division Bench on 12.06.2017 is, by consent of the appellant and respondent No.1, set aside. Respondent No.1 is at liberty, in terms of the directions issued by the learned Single Judge of the High Court, to pursue its claims including an application for interim directions before the Arbitral Tribunal. Since the learned Single Judge has requested the Arbitral Tribunal to expedite the disposal of the interim application, if any, nothing further need be observed in that regard."

4. In view of the observation made by the Apex Court as well as the submission made by the learned counsel for the appellant herein, this writ appeal stands dismissed as withdrawn. However, there shall be no order as to costs. Consequently, CMP Nos.8829 to 8832 of 2017 are also dismissed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar kpl

To 1.The Chief Engineer/R-APDRP Tamil Nadu Electricity Board 144, Anna Salai Chennai 600 002.

2. The ITI Ltd.

Corporate Marketing Unit F84 ITI Complex Dooravani Nagar Bangalore 560 016.

W.A.No.637 of 2017.

sj(co) ss(13/7/2017)