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Madras High CourtCMP/7117/2022withdrawn dismissed

Union Of India v. M/S.Saravana Constructions Pvt. Ltd.,

2022-12-16Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2022 Coram :

The Honourable Mr.Justice R.MAHADEVAN and The Honourable Mr.Justice J.SATHYA NARAYANA PRASAD and OSA.SR.No.118435 of 2021 Union of India, Rep. by Chief Engineer, Chennai Zone, Island Grounds, Chennai - 600 009 (Anusha Singh) Capt.

AGE B/R Mount, for Garrison Engineer

...Petitioner/Appellant

Versus

M/s.Saravana Constructions Pvt. Ltd., No.155-B, Skanda Nivas, 4th Main Defence Colony, Bangalore - 560 038.

...Respondent / Respondent

Prayer in OSA.SR.No.118435 of 2021:

This Original Side Arbitration Appeal is filed under Order XXXVI Rule 1 of the Madras High Court Original Side Rules r/w. 37(1)(b) of the Arbitration and Conciliation Act, 1996 praying to set aside the order dated 18.06.2019 passed by the learned Single Judge in O.P.No.654 of 2016 dismissing the same.

1/4

Prayer in C.M.P.No.7117 of 2022 in OSA.SR.No.118435 of 2021: This Civil Miscellaneous Petition is filed under Order XIV Rule 8 of the Madras High Court Original Side Rules and Section 5 of the Limitation Act r/w. Rule 10 of the Madras High Court (Arbitration) Rules 2020 r/w. Section 151 of C.P.C praying for condoning the delay of 888 days in filing the Original Side Arbitration Appeal against the order dated 18.06.2019 passed by the learned Single Judge in O.P.No.654 of 2016 dismissing the same. For Petitioner / :

Mr.M.Ramamoorthi Appellant For Respondent / Respondent :

Mr.R.Manimuthu

ORDER

(Order of the Court was delivered by R.MAHADEVAN, J.) Today, when the matter was taken up for hearing, the learned counsel for the petitioner / appellant sought permission of this Court to withdraw the present Civil Miscellaneous Petition. He has also made an endorsement to that effect in the case bundle.

2. Considering the request coupled with an endorsement made by the petitioner's counsel, this Civil Miscellaneous Petition is dismissed as 2/4

withdrawn. Consequently, O.S.A.SR.No.118435 of 2021 stands rejected at SR stage itself.

(R.M.D., J.) (J.S.N.P., J.) 16.12.2022 mrr Index : Yes/No 3/4

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

mrr 16.12.2022 4/4