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Madras High CourtCMP(MD)/7083/2016closed

The Superintending Engineer v. K.A.Thomas

2021-10-22Honourable Mr Justice V. Bharathidasan,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN and The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) Nos.7083 and 4731 of 2016 IN CMA(MD) Nos.1285 &1301 of 2014 1 THE SUPERINTENDING ENGINEER W.R.O. / P.W.D., THAMBARAPARANI BASIN CIRCLE, TIRUNELVELI-2.

2 THE EXECUTIVE ENGINEER W.R.O. / P.W.D., THAMBARAPARANI BASIN DIVISION, TIRUNELVELI-2. ... PETITIONERS/PETITIONERS IN CMP(MD)No.7083 OF 2016 IN CMA(MD)No.1285 OF 2014 1 THE REGIONAL CHIEF ENGINEER, PWD WRO, MADURAI REGION.

MADURAI.

2 THE EXECUTIVE ENGINEER.

KORAMPALLAM ARU BASIN DIVISION, WRO/PWD, TIRUNELVELI -2.

3 THE SUPERINTENDING ENGINEER, THAMBARAPARANI BASIN CIRCLE, WRO, PWD., TIRUNELVELI-2.

....PETITIONERS/APPELLANTS IN CMP(MD)No.4731 OF 2016 IN CMA(MD)No.1301 OF 2014 Vs 1 K.A.THOMAS 2 P.VELU ...RESPONDENTS/RESPONDENTS IN CMP(MD)No.7083 OF 2016 IN CMA(MD)No.1285 OF 2014 1/3

1 K.A.THOMAS, 2 S.SANKARANARAYANAN ...RESPONDENTS/RESPONDENTS IN CMP(MD)No.4731 OF 2016 IN CMA(MD)No.1301 OF 2014 PRAYER IN CMP(MD)No.7083 OF 2016 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant extension of time for another four weeks to deposit 50% of the award amount in MP.(MD).No.1/2014 in CMA.(MD).No.1285/2014 dated 19.12.2014 of this Honourable Court.

Prayer in MP(MD). 1/ 2014 in CMA(MD).1285/2014 : To stay call for the proceedings pursuant to the order made in Arbitration OP.No.65/2007 dated 11.08.2014 in confirming the award of the 2nd respondent dated 16.06.2003 pending disposal of the above appeal and thus render justice.

Prayer in CMA(MD). 1285/ 2014 :

To prefer this memorandum of grounds of Civil Miscellaneous Appeal against the judgment and decree passed by Principal District Court, Thoothukudi in AROP.No.65/2007 dated 11.08.2014. Prayer in CMP(MD). 4731/ 2016 :

To grant extension of time for another four weeks from the date of this order in MP.(MD).No.1/2014 in CMA.(MD).No.1301/2014 dated 19.12.2014 of this Honourable Court.

Prayer in MP(MD). 1/ 2014 in CMA(MD).1301/2014 : To stay all further proceedins pursuant to the order made in Arbitration OP.No.221/2004 dated 11.08.2014 in confirming the award of the 2nd respondent dated 12.07.2002 pending disposal of the above appeal and thus render justice.

Prayer in CMA(MD). 1301/ 2014 :

To prefer this memorandum of grounds of Civil Miscellaneous Appeal against the judgment and decree passed by Principal District Court, Thoothukudi in AROP.No.221/2004 dated 11.08.2014 for the following among other.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.R.RAGHAVENDRAN,Government Advocate for the petitioner and the respondents not appearing either in person or by an advocate,the court made the following order:- These petitioners have been filed, seeking for extension of time, to comply with the conditional orders of this Court, dated 19.12.2014, made in M.P(MD)Nos.1 and 1 of 2014 in CMA(MD)Nos. 1301 and 1285 of 2014, to deposit 50% of the award amount, pending appeals.

2/3

2. It is stated that now, the main appeals itself, have been disposed of, by the Division Bench, by a common judgment, dated 01.09.2016. Therefore, no further orders are required in these petitions.

3. Accordingly, these petitions are closed.

sd/- 22/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICRT JUDGE, THOOTHUKUDI.

ORDER

IN CMP(MD) No.7083 and IN CMA(MD) No.1285 and Date :22/10/2021 PKP/VR/SAR-1/28.10.2021/3P/2C 3/3