M/S.Subaya Constructions v. The Superintending Engineer

In the High Court of Judicature at Madras Dated : 27.4.2019 Coram The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Writ Appeal Nos.749 and 751 of 2018 M/s.Subaya Constructions Co. Ltd., rep.by its Director Mrs.S.Meenakshi ..Appellant/Petitioner in both WAs.

Vs

1. The Superintending Engineer (Contracts & Monitoring), Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-2.

2. The Commissioner, Coimbatore City Municipal Corporation, Big Bazar Street, Coimbatore-641 001. .. Respondents / Respondents 1 and 2 APPEALS under Clause 15 of the Letters Patent against the orders dated 05.4.2018 made in W.P.Nos.6902 and 7712 of 2018. Prayer in W.P.No.6902 of 2018: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to accept the Notarized Work Completion Certificate dated 17.09.2016 of the second respondent, submitted by the petitioner, for the purpose of awarding contract, in view of the Clause 27.1 of the terms and conditions, in the event that the records of the second respondent are not traceable.

Prayer in W.P.No.7712 of 2018: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to accept the Work Completion Certificate dated 17.09.2016 of the second respondent, submitted by the petitioner for processing the tender proceeding in NCB No.81/2017-18 for providing Sewerage Collection System for UGSS in Vellore Corporation under Packages I and II, tender proceeding No. CNT/SEW/NCB/AMRUT-ADB/001/2017https://hcservices.ecourts.gov.in/hcservices/

2018 for providing Comprehensive Sewerage Scheme to Manali, Chinnasekkadu, Karambakkam and Manapakkam in Chennai City, tender proceeding in No.NCB No.223/2017-18 for providing Sewerage Collection System in the extended areas of Corporation for UGSS in Trichy Corporation under Package I respectively. For Appellant : Mr.J.S.T.Vijay Sai in both WAs For Respondent-1 :

Mr.N.Ramesh, in both WAs For Respondent-2 :

Mr.R.Sivakumar, in both WAs COMMON JUDGMENT (Judgment was delivered by T.S.SIVAGNANAM,J) Learned counsel for the appellant had given a letter dated 23.4.2019 seeking to withdraw the above appeals. Hence, the matters are listed today under the caption 'for withdrawal'. Today, when the cases are called, a similar request is made before this Court. An endorsement is also made in the bundle to that effect.

2. Hence, the above appeals are dismissed as withdrawn. No costs.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar To 1.

The Superintending Engineer (Contracts & Monitoring), Chennai Metropolitan Water Supply & Sewerage Board, No.1, Pumping Station Road, Chintadripet, Chennai-2.

2.

The Commissioner, Coimbatore City Municipal Corporation, Big Bazar Street, Coimbatore-1.

+1 cc to Mr.N.Ramesh, Advocate, S.R.No.41013 WA.Nos.749 & 751 of 2018 KK(CO) SSM(12/06/2019) https://hcservices.ecourts.gov.in/hcservices/