Sri Swarna And Co., v. Chief Engineer (Construction)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE M. SUNDAR AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR CMP Nos.23054, 23005, 23011 and 22985 of 2023 in Sri Swar and Co., Rep. By Managing Partner B.Venugopal Reddy Chennai - 600 001 .. Petitioner in all CMPs Vs.

1. Chief Engineer (Construction) Gauge Conversion Southern Railway Chennai - 600 008

2. Deputy Chief Engineer Gauge Conversion Southern Railway Calicut, Kerala

3. Hon'ble Mr.Justice K.P.Sivasubramaniam (Retd) Sole Arbitrator Pulla Reddy Avenue Shenoy Nagar Chennai - 600 030 ... Respondents in all CMPs Civil Miscellaneous Petitions filed under Order XIV Rule 8 of the Madras High Court Original Side Rules, 1956 read with Section 31(1)(c) of Arbitration and Conciliation Act, 1996 to grant leave to the petitioner/appellant to raise the additional grounds filed herewith and permit the petitioner/appellant to argue on these points. For Petitioner :\ (in all CMPs) Mr.M.Sabesan for Mr.K.V.Ananthakrushnan For Respondents:

(in all CMPs) Mr.P.T.Ramkumar Standing counsel for R1 and R2

ORDER

(Order of the Court was made by M.Sundar J.) These four 'Civil Miscellaneous Petitions' ['CMPs' for the sake of brevity] have been filed with innocuous prayers seeking leave to raise additional grounds.

2. Mr.M.Sabesan, learned counsel representing the counsel on record for CMP petitioner in all four CMPs is before us.

3. Mr.P.T.Ramkumar, learned Standing counsel for Railways very fairly submits that he is not opposing the prayer for raising additional grounds considering the innocuous nature of the prayers but submits that he would be resisting the additional grounds on its own merits and in accordance with law. Though obvious, we make it clear that it is open to the respondents to resist the additional grounds in the main appeal. With this rider, captioned CMPs are ordered as prayed for. There shall be no order as to costs.

(M.S.,J.) (M.S.K.,J.) 10.09.2025 gpa

M.SUNDAR J.

AND MUMMINENI SUDHEER KUMAR J.

gpa CMP Nos.23054, 23005, 23011 and 22985 of 2025 in O.S.A Nos.108, 109, 110 and 111 of 2025 10.09.2025