Madras High CourtA/6894/2018dismissed for not pressed

M/S.Shyam Constructions v. M/S.Tata Project Ltd.

2018-09-11Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 11TH DAY OF SEPTEMBER 2018 THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR A.No.6894 of 2018 in O.P. No.326 of 2016 In the matter of Contract agreement in GPL/RLY/001/39 dt.28.02.2007 issued by the respondent in favour of the Petitioner for construction of Cast-in-situ Minor Bridges.

In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Award Dated 15/02/2016.

M/s.Shyam Construction, Proprietor G.Sathish Kumar, Kasthuri Flats, 48A, Agathiyar Street, Ambattur, Chennai.

... Applicant/Petitioner Vs 1.M/s.Tata Projects Limited, 1-7-80 Mithone Towers, Opp. to Westly Junior Co-Ed. College, Prender Ghast Road, Secunderabad 2.Mr.Justice S.Kaliamoorthy, No.20/18C, Suprabath Bharathidasan Street, Neelamangai Nagar, Adambakkam, Chennai.

(2nd Respondent deleted as per order dt.25.04.2016 and order dated 2.9.2016 in O.P. No.326 of 2016) ... Respondents/Respondents A.No.6894 of 2018 Application praying that this Hon'ble Court be pleased to issue the cheque for a sum of Rs.6,34,567/- in favour of the petitioner and hand over the said cheque to the https://hcservices.ecourts.gov.in/hcservices/ petitioner.

This Application coming on this day before this court for hearing, the court made the following order: The learned counsel for the applicant seeks permission of this Court and submitted that he is not pressing the application. He has also made an endorsement as follows:- " Petition may be withdrawn as not pressed. Liberty may given for alternative petition".

2. In view of the above, this application is dismissed as not pressed.

3. It is pertinent to note that the order of this Court dated 23.04.2018 in paragraph No.14 it has been observed by the learned single Judge as follows:- "Inasmuch as this Court has confirmed the award passed by the Tribunal, the said amount shall not be withdrawn by the petitioner as it is open to file appropriate petition for withdrawing the above said amount in the execution proceedings."

4. In view of the above, this application is dismissed as not pressed with liberty to the petitioner to seek his remedy as stated above.

Sd/.D.K.K.J 11.09.2018 //Certified to be a true copy// Dated this the th day of 2018. KY/20.09.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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