M/S.Ulundurpet Expressways v. The Secretary (Transport)
WMP NO. 29998 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WMP NO. 29998 of 2025 in W.P.No.9562 of 2017 M/s.Ulundurpet Expressways PVt Ltd, (Formerly known as GMR Ulundurpet Expressways pvt Ltd) 1220, 7th Floor, Swastik Chamber Sion Trombay Chembur, Mumbai Petitioner(s) Vs The Secretary (Transport) GOVERNMENT OF TAMILNADU St Johns Building, Beach Road, Chennai-09 and 3 Others Respondent(s) For Petitioner(s):
Rahul Balaji For Respondent(s): Mr.S.Balamurugan, Government Advocate - R1 Mr.M.Aswin - R2 to R4 Prayer : Petition filed under Article 226 of the Constitution of India to reopen the present Writ Petition in W.P.No.9562 of 2017 Order dated 23.11.2022 back to the file of this Court.
ORDER
This petition has been filed to recall the Order passed by this Court dated 23.11.2022 in W.P.No.9562 of 2017.
2. The Writ Petition in W.P.No.9562 of 2017 has been filed for a direction to the respondents to pay a sum of Rs.12,80,77,874/- with interest at the rate of 18% per annum from 23.03.2013 till the date of payment.
3. When the Writ Petition came before this Court on 23.11.2022, the learned counsel appearing for the respondents 1 to 4 submitted that as per the records, the due will be around few crores and not as claimed by the writ petitioner. Since the payment of money has not been disputed, with the consent of both sides, in order to reconcile the accounts, this Court has appointed the Mediator to mediate the matter and both sides are directed to file accounts after reconciliation.
4. Now, it is the contention of the writ petitioner that before the Mediator, a different stand has been taken as if no money is payable by the respondents. Hence, it is submitted that unless the Order appointing the Mediator is recalled, the petitioner's right to adjudicate the dispute on merits will be lost.
5. Taking note of the above submissions and as a different stand has been taken before this Court and the Mediator, this Court is of the view that the Writ Petition has to be disposed on its own merits. In such view of the matter, the Order passed by this Court in the Writ Petition in W.P.No.9562 of 2017 dated 23.11.2022 is recalled. The registry is directed to post the Writ
Petition before the concerned Court and respondents are directed to file their counter by then.
25-07-2025 vrc To
1. The Secretary (Transport) GOVERNMENT OF TAMILNADU St Johns Building, Beach Road, Chennai-09
2. The Managing Director Tamil Nadu State Transport corporation (Kumbakonam) Ltd, 27, New Railway station Road, Kumbakonam- 612 001
3. The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd, Villupuram- 605 602
4. The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd, Byepass Road, Madurai-625 010
N. SATHISH KUMAR, J.
vrc WMP NO. 29998 of 2025 in W.P.No.9562 of 2017 25.07.2025