Disposed

The Chairman v. M/S Western Agencies Madras

Madras HC17 Jul 2014CRP/2525/2014

Case brief

AI extract

What is this about?

The Madras High Court disposed of a civil revision petition under Article 227, directing the VII Assistant City Civil Court, Chennai, to decide a specific interlocutory application by a fixed date to ensure expeditious disposal.

What did the court decide?

Direction to the VII Assistant City Civil Court, Chennai, to dispose of I.A.No.999 of 2014 by 01.08.2014 after giving fair opportunity to both sides.

The Chairman Vs M/S Western Agencies Madras — Civil Procedure and Limitation | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:17.07.2014

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CORAM:

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THE HONOURABLE MS.JUSTICE R.MALA

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CRP (PD) No.2525 of 2014

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The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 002.

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The Chief Engineer/Mechanical/Coal, Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 021.

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.. Petitioners

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Vs.

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M/s.Western Agencies Madras Private Ltd., First Floor, Utility Complex II, 109/7, Angappa Naicken Street, Chennai – 600 001. Represented by its Power of Attorney Mr.A.P.Kunhikannan .. Respondent

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Prayer : Revision Petition is filed under Article 227 of the Constitution of India, seeking for a direction to the VII Assistant City Civil Court, Madras, to dispose of I.A.No.999 of 2014 in I.A.No.932 of 2005 in O.S.No.276 of 2005 which stands posted for hearing on 21.07.2014 as expeditiously as possible on or before 21.07.2014.

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For Petitioners : Mr.Mr.R.Thiagarajan, Senior Counsel for M/s.B.Gracy Gladius

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ORDER

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The revision petitioners herein have come forward with this Civil Revision Petition seeking early disposal of I.A.No.999 of 2014 in I.A.No.932 of 2005 in O.S.No.276 of 2005, pending on the file of the VII Assistant City Civil Court, Chennai.

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The learned counsel appearing for the revision petitioners submitted that the respondent herein as plaintiff filed a suit for the following relief:

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(i) For a declaration that the communication dated 07.01.2005 issued by the defendant in canceling the tender specification Nos. Coal 29, 30, 31, 32 and 33 dated 28.09.2001 pertaining to Kaldia Port, Paradip Port, Vizag. Port, Chennai Port and Tuticorin Port as arbitrary, illegal, void and non-est in law.

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(ii) For a permanent injunction restraining the Defendant

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from calling for fresh tenders pursuant to the communication dated 07.01.2005, pertaining to Haldia Port, Paradip Port Vizag. Port, Chennai Port and Tuticorin Port.

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He further submitted that at the time of filing of the suit, the plaintiff/respondent herein filed an application in I.A.No.932 of 2005 in O.S.No.276 of 2005 for interim injunction, wherein, interim injunction was granted and subsequently, it was made absolute. The said order was challenged by the defendants/revision petitioners herein upto the Apex Court, wherein, a liberty has been given to the

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petitioner to file an application to vacate the injunction by the Apex Court. In pursuance of the same, the defendants/revision petitioners herein filed I.A.No.999 of 2014 to vacate the injunction before the VII Assistant City Civil Court, Chennai, which is yet to be disposed of and it was posted on 21.07.2014 for counter and disposal. Hence, the revision petitioners have come forward with this Civil Revision Petition seeking early disposal of the vacate stay application.

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Considering the facts and circumstances of the case, it is a fit case for giving direction to the learned VII Judge, Assistant City Civil Court, Chennai, to dispose of I.A.No.999 of 2014 in I.A.No.932 of 2005 in O.S.No.276 of 2005, pending on its file, within a stipulated time. Furthermore, a perusal of page No.129 of the typed set of papers shows that the counter is yet to be filed.

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Accordingly, the learned VII Judge, Assistant City Civil Court, Chennai, is directed to dispose of I.A.No.999 of 2014 in I.A.No.932 of 2005 in O.S.No.276 of 2005, pending on its file, or or before 01.08.2014, after giving fair opportunities to both sides.

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With the above direction, this Civil Revision Petition is disposed of.

No costs.

17.07.2014

ogy

R.MALA,J.

ogy

VII Assistant City Civil Court, Madras.

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CRP (PD) No.2525 of 2014

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17.07.2014

The Chairman v. M/S Western Agencies Madras

Case brief

What is this about?

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The Chairman v. M/S Western Agencies Madras

Case brief

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