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Madras High CourtA/1707/2020closed

M/S.Gmr Chennai Outer Ring Road Private Limited v. Government Of Tamil Nadu And Another

2020-09-07Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.1707 of 2020 M/s GMR Chennai Outer Ring Road Private Limited having its registered office at No.25/1, Skip House, Museum road, Bangalore 5600 025.

... Applicant Vs.

1. Government of Tamilnadu, Rep. by its Secretary, highways and Minor Ports Department, Secretariat, Fort St. George, Chennai 6009 009.

2. Tamil Nadu road Development Company Ltd., No.171, II Floor, Tamil Nadu maritime Board Building, South Kesava Perumal Puram, Raja Annamalaipuram, Chennai 600 038.

... Respondents Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9 of the Arbitration and Conciliation Act, 1996, to direct the respondents to deposit and/or secure a sum of Rs.3,40,97,02,243/- to the account of the present application, pursuant to the award dated 30.01.2020.

For Applicant : Mr.Rahul Balaji For Respondents : Mr.Vijayanarayanan, Advocate General for Mr.R.Udhayakumar (T/N)

O R D E R

This application has been filed seeking for direction to the respondents to deposit sum of Rs.3,40,97,02,243/- to the account of the present application, pursuant to the award dated 30.01.2020.

2. It is the main contention of the applicant that having suffered by the award, the respondents have not challenged the same so far and hence to secure the award amount, this application has been filed.

3. The learned Advocate General appearing for the respondents submitted that challenging the award, an appeal has been filed in SR44890 of 2020 on 13.07.2020 and due to the Covid situation, that appeal has not been numbered.

4. Such view of the matter, as the appeal has already been filed challenging the award, no direction by this court is required to deposit the award amount.

5. Hence, this application is closed with liberty to the petitioner to agitate his right in the manner known to law, either by arguing the matter in the said appeal or by filing separate application. 07.09.2020 mst

N.SATHISH KUMAR, J.

mst 07.09.2020