Madras High CourtCMP/15339/2021ordered

Tribhovandas Vendravan And Brothers v. Union Of India

2022-04-20Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE K.KALYANASUNDARAM and THE HON`BLE MR.JUSTICE V.SIVAGNANAM CMP.No.15339 of 2021 IN OSA.No.409 of 2009 TRIBHOVANDAS VENDRAVAN AND BROTHERS, [ PETITIONER ] REPRESENTED BY, MR.KANAKLAL ABACHAND, 500, R.G.STREET, COIMBATORE - 641 001.

Vs 1 UNION OF INDIA, [ RESPONDENTS ] DEPARTMENT OF TELE COMMUNICATIONS, NOW BSNL REP.BY ITS AGM O/O.PRINCIPLE G.M.ALAGESAN ROAD, COIMBATORE - 11.

2 MR.JUSTICE E.PADMANABHAN (RETD), SOLE ARBITRATOR, 11, MADHA CHURCH ROAD, MANDAVELIPAKKAM, CHENNAI - 600 028.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased To permit the petitioner to Withdraw a sum of Rs.26,50,000/- pursuant to the order dated 13.12.2011 made in O.S.A.No.409 of 2009 (in CMP.No.15339 of 2021).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.MUKUNTH, Advocate for the petitioner and of MR.K.R.RAMESH KUMAR, Advocate for the 1st Respondent, the court made the following order:- The first respondent in O.P.No.568 of 2007 challenged the arbitration award passed by the second respondent. It appears that the O.P. was dismissed and judgment and decree was confirmed in OSA.No.409 of 2009.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the petitioner Mr.S.Mukunth, would state that the first respondent has deposited Rs.26,50,000/- to the credit of OSA to comply with the order of this Court in the stay petition. Since the OSA was already dismissed, the petitioner is entitled to withdraw the amount.

3. The learned counsel appearing for the first respondent Mr.K.R.Ramesh Kumar, has no objection for the petitioner to withdraw the entire amount.

4. In the light of the above, this CMP is allowed. -sd/- 20/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SUB ASSISTANT REGISTRAR, ORIGINAL SIDE, HIGH COURT, MADRAS-104.

C.C. to M/S.SARVABHAUMAN ASSOCIATES, Advocate SR.NO.3120/2022 Order in CMP.No.15339 of 2021 IN OSA.No.409 of 2009 Date :20/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PA (26/04/2022) https://hcservices.ecourts.gov.in/hcservices/