Madras High CourtOA/292/2019disposed of

M/S.Haven Infra Projects And Power Ltd v. Union Of India Rep.By Chief Engineer Construction

2019-04-01Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 01ST DAY OF APRIL 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR O.A.No.292 of 2019 In the matter of Arbitration and Conciliation Act, And In the matter of Letter of Acceptance dated 07.03.2018.

M/s. Haven Infra Projects & Power Limited, Represented by its Chief Executive Officer D.R.Jaya Kothandaraman, No.25, New 1, Thomas Nagar, Saidapet, Chennai 600 015.

: Applicant Vs

1. Union of India Represented by Chief Engineer Construction/MS Office of the Chief Administrative Officer, Southern Railway, Egmore, Chennai 8.

2. The Deputy Chief Engineer Office of Dy.Chief Engineer Construction/Southern Railway Arasaradi, Madurai 625 016.

:Respondents Original Application praying that this Hon'ble Court be pleased to pass an order of temporary injunction restraining the respondents from terminating the services of the applicant as the contractor for the work: " Gauge covnersion between Madurai and Bodinayakkanur : Proposed construction of S & t accommodation, station building, Platform, Passenger amenities etc, for stations at Usilampatti, Andipatti, Theni (crossing stations) Vadapalanji, Teni collectorate (halt) and Bodinayakkanur (Terminal)", by the letter of acceptance dated 07.03.2018.

This Original Application coming on this day before this Court for hearing and the Court made the following Order :

The prayer sought for herein is to pass an order of temporary injunction restraining the respondents from terminating the services of the applicant as the contractor for the work: "Gauge conversion between Madurai and Bodinayakkanur: Proposed construction of S&T accommodation, station building, platform, passenger amenities etc., for stations at Usilampatti, Andipatti, Theni (crossing stations), Vadapalanji, Teni Collectorate (Halt) and Bodinayakkanur (Terminal)", by the letter of acceptance dated 07.03.2018.

2. This Court at the admission stage on 20.03.2019 granted an interim order directing the parties to maintain status quo as on that day, with regard to the termination of the contract which was apprehended by the applicant.

3. However, today the learned counsel appearing for the applicant fairly submitted that, before the order was passed on 20.03.2019, the respondents have terminated the contract on 14.03.2019 and the said order of termination has been received by the applicant on 21.03.2019. Therefore on the date of passing the order on 20.03.2019, since the contract has been terminated, the prayer sought for in this application under Section 9 of the Arbitration Act, eventually become infructuous. Therefore the learned counsel appearing for the applicant submitted these factors and wants the matter to be disposed of accordingly.

4. Recording the said submission made by the learned counsel for the applicant as the prayer sought for herein since become infructuous, the Original Application is dismissed as infructuous.

Sd./- R.S.K.J.

01.04.2019 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) GJM-08.04.2019 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.