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Madras High CourtWP/10168/2024disposed of

M/S Vidvedaa Prg Aero And Ports Voyage Pvt. Limited v. The Director

2024-04-30Honourable Mr Justice S.M. Subramaniam5 pages

2024:MHC:1958

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29-04-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And WMP No.11224 of 2024 M/s.VIDVEDAA PRG AERO AND PORTS VOYAGE PVT. LTD., Represented by its Director Mr.Vanchinathan Thangavel, Olympia Teknos Park, Level-4, Plot No.28, SIDCO Industrial Estate, Guindy, Chennai-600 032.

.. Petitioner -vs1.The Director, Chennai Airport, Chennai-600 016.

2.The Nodal Officer, Mediation Committee of Independent Experts, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the order passed by the second respondent dated 01.03.2024 and quash the same and consequently direct the second respondent to follow the Standard Operating Procedure as contemplated under the Airport Authority of India, Mediation Policy, 2022 and refer the disputes raised by the petitioner to the Contract Management Committee and to the Mediation Committee by Independent Mediators (MCIE).

For Petitioner :

Mr.S.Girissh For Respondents :

Mr.Rajkumar Jhabakh

O R D E R

The respondents filed an affidavit stating that there is no consensus to proceed with Mediation between the parties and therefore, the petitioner can invoke the Arbitration Clause in accordance with the provisions of Concession Agreement.

2. The learned counsel for the petitioner would submit that the petitioner is ready for Mediation, but the respondents are not cooperated. However, the respondents now filed affidavit stating that the petitioner can invoke the Arbitration Clause in accordance with the provisions of Concession Agreement.

3. That being the factum, the parties are at liberty to invoke the Arbitration Clause for the purpose of resolving their disputes in the manner known to law.

4. With the above liberty, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

29-04-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn To

1.The Director, Chennai Airport, Chennai-600 016.

2.The Nodal Officer, Mediation Committee of Independent Experts, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi-110 003.

S.M.SUBRAMANIAM, J.

Svn

WP 10168 of 2024 29-04-2024