Sew Ncillp Joint Venture v. Rail Vikas Nigam Limited (Rvnl)

and O.A. No. 50 of 2024 K.KUMARESH BABU, J.

Heard Mr.Ronan Sathyan, for Mr.S.Thankasivan, learned counsel for the applicant and Ms.Aparajitha Vishwanath, learned counsel appearing for the first and second respondents and Mr.B.Gautham for M/s.Dua Associates, learned counsel for the fourth respondent.

2.

Mr.Ronan Sathyan, learned counsel for the applicant would submit that now an Arbitral Tribunal had been appointed to resolve the dispute between the parties and further by an order made in OSA (CAD) Nos. 62 and 81 of 2024 dated 15.07.2024, the Hon'ble Division Bench of this Court had recorded the submission of the respective counsels and recorded that the application against which the Intra-Court appeals have been filed by itself become infructuous, and therefore, the arbitration application No. 59 of 2024 can be closed. He also further submitted that the Hon'ble Division Bench of this Court had noted that the parties have also agreed that Application No.71 of 2024 can also be taken up before the Arbitral Tribunal. He had also submitted that the order made in O.A. No. 50 of 2024 had been set aside in its entirety by the Hon'ble Division Bench. Hence, he would seek this Court to pass appropriate order in the pending applications.

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3.

O.A. No. 71 of 2024 : - In view that the parties have agreed to take up the issue in this application before the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, no further orders are required to be made in this application with liberty to the respective parties to agitate their claims in this application before the Arbitral Tribunal. 4.

Application Nos. 59 and 149 of 2024:- These applications have been filed to punish the respondents for their willful disobedience and violation of this Hon'ble Court orders dated 24.01.2024 and 14.02.2024 respectively in O.A. No. 50 of 2024.

5.

In view of the order of the Hon'ble Division Bench in setting aside the order made in O.A. No. 50 of 2024, I am of the view that nothing further could be adjudicated in the said application and consequently, the applications are closed.

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6.

In fine, Arbitration Application Nos. 149, 59 and 71 of 2024 are closed. 02.09.2024 Maya Page No.3/4

K.KUMARESH BABU,J.

Maya Dated : 02.09.2024 Page No.4/4