Subaya Constructions Company Limited v. P And C Projects P Ltd

C.M.P.No.15820 of 2024 in O.S.A. (CAD) No.80 of 2024 M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) As regards captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity], we are informed that Execution Petition has been launched by the award holder (Sub-Contractor - P and C Projects Private Limited) and that the same is E.P.No.32 of 2023 on the file of learned Master (Main Master) of this Court but the CMP which is dated 27.06.2024 does not seek stay of the Execution proceedings. On the contrary, it seeks stay of impugned award as confirmed by Section 34 Court.

2. Faced with the above situation, learned counsel on record for the CMP petitioner made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. In the light of the aforementioned endorsement and reiteration of the same in the hearing, captioned CMP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the CMP petitioner including the contentions raised in the support affidavit to come up with a proper interim application seeking stay of the Execution Proceedings. We make it clear that we have not expressed any view or opinion on the merits of the matter. If any new CMP is filed, the same will be tested on its own merits and in accordance with law. We refrain

from imposing costs.

(M.S.J.) (K.G.T.J.) 12.08.2024 gpa

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., gpa C.M.P.No.15820 of 2024 in 12.08.2024