Madras High CourtWP/15434/2019dismissed as withdrawal

E.Mani v. The Executive Engineer

2019-10-31Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No. 15434 of 2019 and W.M.P. Nos. 15383 and 15384 of 2019 E.Mani ... Petitioner -Vs1.The Executive Engineer, Chennai Central Division-I Government of India, Central Public Works Department, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006 2.Assistant Executive Engineer, Chennai Central Division-I Government of India, Central Public Works Department, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in respect of the bids which work was already 75% completed by the petitioner and pending the bill amount vide Tender No.24(70)/CCD-1/2018-20192700-711(H) dated 27.11.2018 by the Respondents with Contract Agreement No.41/CCD-1/2018-19 and without the petitioner's knowledge and information the respondents invited tenders for balance of work vide E-Auction NIT No.23/2019-20/CCD-1/Chennai dated 31.05.2019 and to quash the opening of bid.

For Petitioner : M/s. M. Sridevi For Respondents : Mr. J. Madhanagopal Rao Central Government Standing Counsel https://hcservices.ecourts.gov.in/hcservices/

ORDER

When it is pointed out by the Learned Counsel appearing for the Respondents that the Petitioner has got an effective alternative remedy by way of arbitration, Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to resort to the same and he has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of computing limitation for arbitration, the time spent by the Petitioner in prosecuting this Writ Petition from the date of its filing (04.06.2019) till the date on which certified copy of this order is made ready in the Registry, shall be excluded. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Executive Engineer, Chennai Central Division-I Government of India, Central Public Works Department, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006 2.The Assistant Executive Engineer, Chennai Central Division-I Government of India, Central Public Works Department, Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai-600 006 AKM/14.11.19/2P-3C / W.P. No. 15434 of 2019 and W.M.P. Nos. 15383 and 15384 of 2019 https://hcservices.ecourts.gov.in/hcservices/