Madras High CourtWP/10586/2019disposed of

The Project Director v. Narasimman

2023-08-10Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.10586, 10589, 10591, 10595 & 10598 of 2019 & W.M.P.Nos.10077, 10082, 10085, 10088 & 10457 of 2019 The Project Director, Project implementation Unit, National Highways Authority of India, SRI TOWERS, 3rd Floor, DP-34(SP) Industrial Estate, Guindy, Chennai - 600 032.

...Petitioner in all W.Ps.

Vs.

Narasimman ... 1st Respondent in W.P.No.10586 of 2019 Ramachandiran ... 1st Respondent in W.P.No.10589 of 2019 Nallappan ... 1st Respondent in W.P.No.10591 of 2019 Renuka ... 1st Respondent in W.P.No.10595 of 2019 Ravi ... 1st Respondent in W.P.No.10598 of 2019 The Arbitrator and District Collector, Tiruvallur District, Tiruvallur.

... 2nd Respondent in all W.Ps.

Common Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the 1/5

impugned order passed by the second respondent herein in RC.No.8525/2015/F2/Arbt, dated 09.08.2018 and quash the same. For Petitioner in all W.Ps.

: Mr.G.Karthikeyan, Senior Counsel For Respondent 1 in W.P.Nos.10595 10598 of 2019 : No appearance For Respondent 1 in W.P.Nos.10586, 10589 & 10591 of 2019 : Mr.Ravichandran Sundaresan For Respondent 2 in all W.Ps.

: Mr.D.Ravichander, Special Government Pleader COMMON ORDER These writ petitions have been filed challenging the order passed by the second respondent in RC.No.8525/2015/F2/Arbt, dated 09.08.2018.

2. Learned Senior Counsel appearing on behalf of the petitioners mainly contended that the Judgment of the Division Bench of this Court reported in 2018 (4) CTC 263 has been stayed by the Hon'ble Supreme Court in SLP (C) Diary No.36319 of 2018 dated 19.11.2018. 2/5

3. The Division Bench of the Madras High Court held that the period of limitation is inapplicable for statutory arbitration under section 3G of the National Highways Act, 1956. Since the issue is subjudice before the Apex Court, the petitioners are at liberty to reopen the arbitration award/arbitration proceedings as the case may be, subject to the final orders to be passed by the Hon'ble Supreme Court of India.

4. With this liberty, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 10.08.2023 nl Index : Yes Speaking Order 3/5

To The Arbitrator and District Collector, Tiruvallur District, Tiruvallur.

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S.M.SUBRAMANIAM, J.

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