Dismissed

Sivasakthi Corporation v. The Managing Director

Madras HC3 Aug 2015WP/23443/2015

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed under Article 226 seeking a writ of certiorari or mandamus for payment of a contract-related debt. The court held that such relief pertains to contract recovery and that the request for appointing an arbitrator lacked statutory backing.

What did the court decide?

Dismissal of the writ petition and closure of the connected miscellaneous petition with no costs awarded.

Sivasakthi Corporation Vs The Managing… — Contract and Commercial Disputes | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.08.2015

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CORAM

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THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN

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W.P. No. 23443 of 2015 & M.P. No. 1 of 2015

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Sivasakthi Corporation, rep. by its Sole Proprietor M. Mohan, Old Door No. 235, New Door No. 320, R.P.S. Complex, Opposite to Balasubramaniya Mill, Varadharajapuram, Uppilipalayam PO, Coimbatore 641 015. ..Petitioner

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Vs.

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The Managing Director, Tamil Nadu Co-operative Union, 170, N.V. Natarajan Maaligai, Periyar EVR Road, Kilpauk, Chennai – 600 010.

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The Special Officer, Tamil Nadu Co-operative Union, 170, N.V. Natarajan Maaligai, Periyar EVR Road, Kilpauk, Chennai – 600 010. ..Respondents

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Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records culminated in the impugned order in Na.Ka.No. 6676/11/D1 dated 07.01.2015 on the file of the 1^st respondent and quash the same as illegal, unenforceable, ultra vires without jurisdiction and directing the respondents by way of writ of mandamus to pay the balance amount of Rs.2,57,91,638/- along with interest at the rate of interest 18% per annum from 18.06.2012 to the petitioner till it is realised in full for the materials supplied by the petitioner to the 9 Co-operative educational institutions under the control of the 1^st respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner :: Mr.E.C. Ramesh For Respondents :: Mr.L.P. Shanmugasundaram Special Govt. Pleader (Co-op) O R D E R

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The relief sought by the petitioner is amounting to recovery
of money arising out of realm of contract. Further, the request of
the petitioner for appointment of a retired Judge or an Advocate as
an Arbitrator cannot be entertained as it is not backed by any Act or
Rule. Hence, the writ petition is dismissed. No costs. Connected
M.P. is closed.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
nv
To
1. The Managing Director,
Tamil Nadu Co-operative Union,
170, N.V. Natarajan Maaligai,
Periyar EVR Road,
Kilpauk, Chennai – 600 010.
2. The Special Officer,
Tamil Nadu Co-operative Union,
170, N.V. Natarajan Maaligai,
Periyar EVR Road,
Kilpauk, Chennai – 600 010.
1 cc to Mr. L.P. Shanmugasundaram, Advocate Sr.No.39642
W.P. No. 23443 of 2015
kgk(co)
pmk.21.8.2015

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https://hcservices.ecourts.gov.in/hcservices/

Sivasakthi Corporation v. The Managing Director

Case brief

What is this about?

What did the court decide?

Sivasakthi Corporation v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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