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Madras High CourtA/1779/2023allowed

Mr.S.Krishnamoorthy, Proprietor, v. M/S. Engineering Project India Ltd, Rep. By Its Executive Director,

2023-03-24Honourable Mr Justice Krishnan Ramasamy2 pages

A.Nos.1779, 1780 & 1783 of 2023 in O.P.Nos.82 to 84 of 2021 KRISHNAN RAMASAMY, J., These Applications have been filed by the applicant/petitioner to reopen the O.P.Nos.82 to 84 of 2021, which were ordered by this Court on 29.03.2021.

2.This Court vide order dated 29.03.2021, passed the following orders:

"The parties would submit that they have agreed to conciliate the disputes among themselves and also appointed Conciliator Mr.M.Pachaimuthu, the retired Engineer of CPWD.

2.Considering the above facts that the Original Petition is closed for the present and shall be revived, if the conciliation proceedings failed.

3.The learned counsel for the petitioner would submit that although the respondent is agreeable to conciliate the matter, they are attempting to invoke the performance Bank Guarantee.

4.It is made clear that till the disposal of the conciliation proceedings, the performance Bank Guarantee shall not be invoked by the respondent." https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY, J., rst 3.Learned counsel appearing for the applicant would submit that since the conciliation proceedings have been failed, the present applications have been filed to re-open the O.P.Nos.82 to 84 of 2021 and he prayed to allow the present applications.

4.Learned counsel appearing for the respondent would submit that he has no objection in allowing the present applications. 5.Considering the above submissions made by either parties and in view of the fact that the conciliation proceeding have been failed, these applications are allowed.

24.03.2023 (1⁄2) rst A.Nos.1779, 1780 & 1783 of 2023 in O.P.Nos.82 to 84 of 2021 Note: Issue order copy today https://www.mhc.tn.gov.in/judis