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Madras High CourtA/4356/2021allowed

The Union Of India, Rep.By The General Manager v. M/S R.K.Constructions, Rep.By Its Managing Partner Mr.Kumar,

2022-01-04Master4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 4th DAY OF JANUARY 2022 THE MASTER A.No.4356 of 2021 in Arb.O.P.(Comm.Div).D.No.74005 of 2021 In the matter of Arbitration and Conciliation Act, 1996 and In the matter of an Arbitral Award dated 20.04.2021 passed in disputes arising out of Agreement No.329/CN/2005 dated 13.10.2005.

1.The Union of India, Rep. by the General Manager, Southern Railway, Chennai - 600 003.

2.The Chief Engineer (Construction), Office of the Chief Administrative Officer, (Construction), Southern Railway, Egmore, Chennai - 600 008.

3. The Deputy Chief Engineer (Gauge Conversion), East Tambaram, Near DSK Office, Southern Railway, East Tambaram, Chennai - 600 059, Presently the Deputy Chief Engineer (Construction), My Lady's Garden, Park Town, Chennai - 600 003.

... Petitioners -Versus-

M/s R.K.Constructions, Rep by its Managing Partner Mr.Kumar, New 4th Ward, Chinnagoundampatti, Tharamangalam Post, Omalur Taluk, Salem District.

... Respondent A.No.4356 of 2021:- 1.The Union of India, Rep. by the General Manager, Southern Railway, Chennai - 600 003.

2.The Chief Engineer (Construction), Office of the Chief Administrative Officer, (Construction), Southern Railway, Egmore, Chennai - 600 008.

3. The Deputy Chief Engineer (Gauge Conversion), East Tambaram, Near DSK Office, Southern Railway, East Tambaram, Chennai - 600 059, Presently the Deputy Chief Engineer (Construction), My Lady's Garden, Park Town, Chennai - 600 003.

... Applicants/Petitioners -VersusM/s R.K.Constructions, Rep by its Managing Partner Mr.Kumar, New 4th Ward, Chinnagoundampatti, Tharamangalam Post, Omalur Taluk, Salem District.

... Respondent/Respondent Application praying that this Hon'ble Court be pleased to return the Excess Court Fees of Rs.64,028/- paid in Arb.OP(Comm.Div) Sr.No.74005/2021 in the name of the Standing Counsel for Railways.

This application coming on this day before this Court for hearing through video conferencing in the presence of Mr.P.Thiruppathi Ramkumar, Advocate for the Applicant herein, and upon reading the Master's Summon's and the Affidavit of G.Shankardevi filed herein, it is ordered as follows:- That a Certificate under section 70 of Tamil Nadu Court Fees and Suits Valuation Act, 1955, do issue herein, out of and under the seal of this court in favour of Mr.P.T.Ramkumar, Counsel for the Petitioners herein, authorising him to receive from the Pay and Accounts Office, High Court, Madras, a sum of Rs.64,028/- (Rupees Sixty Four Thousand Twenty Eight only) being the excess court fee paid on the petition by the Petitioners herein.

WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 04th DAY OF JANUARY 2022. Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 10.01.2022 A.No.4356 of 2021 in Arb.O.P.(Comm.Div).D.No.74005 of 2021

ORDER

DATED: 04.01.2022 THE MASTER FOR APPROVAL: 19.01.2022 APPROVED ON : 24.01.2022