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Madras High CourtCMA(MD)/752/2005dismissed for nonprosecution

Tamilnadu Slum Clearance Board v. Selvel Builders

2022-02-18Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.A(MD)Nos.752 to 754 of 2005 and C.M.P(MD)Nos.4805 to 4807 of 2005 1.Tamilnadu Slum Clearance Board, Rep by its Chairman, No.5, Kamaraj Salai, Chennai-5.

2.The Superintending Engineer, Tamilnadu Slum Clearance Board, No.3, Palaga Natham, Madurai-3.

3.The Executive Engineer, Tamilnadu Slum Clearance Board, No.5, Besant Road, Chokkikulam, Madurai-5.

... Appellants in C.M.A.(MD)No.752 of 2005 1.The Tamilnadu Slum Clearance Board, Rep by Chairman, Chennai.

2.The Superintending Engineer, Tamilnadu Slum Clearance Board, No.3, Palaga Natham, Madurai-3.

3.The Executive Engineer, Madurai Division, Tamilnadu Slum Clearance Board, Madurai.

... Appellants in C.M.A.(MD)Nos.753 and 754 of 2005 -VsSelvel Builders, Rep. by its., Managing Partner, S.Selvamani ... Respondent in C.M.A.(MD)No.752 of 2005 (Name substituted vide Order dated 08.03.2010 made in M.P.(MD)No.1 of 2009 in C.M.A.(MD)No.752 of 2005) M/s.Maya Constructions, Door No.5, Kasi Anna Street, Madurai-16.

... Respondent in C.M.A.(MD)No.753 of 2005 C.Periyasamy ... Respondent in C.M.A.(MD)No.754 of 2005 1/3

PRAYER in C.M.A.(MD)No.752 of 2005: Civil Miscellaneous Appeal filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, praying this Court to set aside the judgment and order dated 30.06.2003 made in I.A.No.374 of 2003 in Arbitration Appeal Petition No.81 of 1990 on the file of Principal Sub-Court at Madurai and the arbitration award passed by the arbitrator. PRAYER in C.M.A.(MD)No.753 of 2005: Civil Miscellaneous Appeal filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, praying this Court to set aside the judgment and order dated 30.06.2003 made in I.A.No.376 of 2003 in Arbitration Appeal Petition No.83 of 1990 on the file of Principal Sub-Court at Madurai and the arbitration award passed by the arbitrator. PRAYER in C.M.A.(MD)No.

754 of 2005: Civil Miscellaneous Appeal filed under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, praying this Court to set aside the judgment and order dated 30.06.2003 made in I.A.No.375 of 2003 in Arbitration Appeal Petition No.82 of 1990 on the file of Principal Sub-Court at Madurai and the arbitration award passed by the arbitrator. For Appellants : No Appearance (in all C.M.As.) For Respondent : Mr.V.S.Kumaraguru (in C.M.A.(MD)No.752 of 2005) For Respondent : No Appearance (in C.M.A.(MD)No.753 of 2005) For Respondent : Mr.Cibi Chakkaravarthy For Isaac Chambers (in C.M.A.(MD)No.754 of 2005) COMMON JUDGMENT [Judgment of the Court was delivered by R.SUBRAMANIAN,J.] Since there was no appearance for the appellants on 10.02.2022, these appeals were directed to be listed today (18.02.

2022) under the caption 'for dismissal'. Even today also, there is no appearance for the appellants. Hence, these Civil Miscellaneous Appeals are dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petitions are closed.

Myr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Principal Sub-Judge, Maudrai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) COMMON JUDGMENT MADE IN C.M.A(MD)Nos.752 to 754 of 2005 18.02.2022 ck(CO) TR(04.03.2022) 3P 4C 3/3