The High Court of Madras dismissed multiple original applications and connected applications filed by M/s. Consolidated Construction Consortium Limited against Chennai Metro Rail Limited and banks as withdrawn, closing them without costs upon the applicant's counsel seeking permission via video conference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 01ST DAY OF OCTOBER 2020
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
O.A.Nos.65, 66, 67 of 2014 and O.A.Nos.105, 106, 107 of 2014 and A.Nos.873, 874, 876,877, 879, 880 of 2014 and A.Nos.2899, 2900, 2903 of 2014 O.A.Nos.65 and 66 of 2014:
In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute between M/s.Consolidated Construction Consortium Limited & Chennai Metro Rail Limited and In the matter of the Agreement Dated 15.07.2010 and Tender document August 2010.
M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakaranarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004.
... Applicant in both applications -Versus-
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O.A.Nos.65 and 66 of 2014:
Original Application praying that this Hon'ble Court be pleased to
grant ad interim injunction restraining the 1st Respondent their men, servant, agent and people working under them from in any way recovering
any monies from the applicant including invocation and encashing the Bank
Guarantees detailed in Schedule to the Judge's summons.
O.A.No.67 of 2014:
In the matter of Arbitration and Conciliation Act 1996 and
In the matter of dispute between M/s.Consolidated Construction Consortium Limited & Chennai Metro Rail Limited and In the matter of the Agreement Dated
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17.02.2011 and tender document August 2010.
M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakaranarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004. ... Applicant
... Applicant
-Versus-
O.A.No.67 of 2014:
Original Application praying that this Hon'ble Court be pleased to grant ad- interim injunction in restraining the 1st Respondent their men,
servant, agent and people working under them from in any way recovering
any monies from the applicant including invocation and encashing the Bank
Guarantees detailed in Schedule to the Judge's Summons.
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O.A.Nos.105 and 106 and 107 of 2014:
In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute between M/s.Consolidated Construction Consortium Limited & Chennai Metro Rail Limited and In the matter of the Agreement Dated 15.07.2010. M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakar Naarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004. ... Applicant -Versus1. Chennai Metro Rail Limited, Rep.by its Managing Director, CMRL, Harini Towers, No:7, Conronsmith Road, Gopalapuram, Chennai - 600 086. ..Respondent
O.A.Nos.105 and 106 and 107 of 2014:
Original Application praying that this Hon'ble Court be pleased to grant ad-interim injunction in restraining the Respondent their men, servant,
agent and people working under them from in any way appointing any third
party contractor either by public tender or otherwise from carrying residual
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work without completing, concluding and confirming the measurements of
job executed by the Applicant till the date of termination.
A.Nos.873, 874,876, 877, 879, 880 of 2014:
In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute between M/s.Consolidated Construction Consortium Limited & Chennai Metro Rail Limited and In the matter of the Agreement Dated 15.07.2010.
M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakar Naarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004. ... Applicant -Versus1. Chennai Metro Rail Limited, Rep.by its Managing Director, CMRL, Harini Towers, No:7, Conronsmith Road, Gopalapuram, Chennai - 600 086. ..Respondent
A.No.873 of 2014:
Application praying that this Hon'ble Court be pleased to permit the
applicants to remove all their materials from site within stipulated time as https://hcservices.ecourts.gov.in/hcservices/
prescribed by this Hon'ble Court.
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A.No.874 of 2014:
Application praying that this Hon'ble Court be pleased to direct the respondent to immediately make advance payment of the 80% out of claim amount Rs.66,10,87,969/- amounts Rs.52,88,70,375/- as contemplated
under clause 13.7 of the conditions of the contract.
A.No.876 of 2014:
Application praying that this Hon'ble Court be pleased to permit the
applicants to remove all their materials from site within stipulated time as
prescribed by this Hon'ble Court.
A.No.877 of 2014:
Application praying that this Hon'ble Court be pleased to direct the
Respondent to immediately make advance payment of the 80% out of claim amount Rs.37,40,00,683/- amounts Rs.29,92,00,546/- as contemplated
under clause 13.7 of the conditions of the contract.
A.No.879 of 2014:
Application praying that this Hon'ble Court be pleased to permit the
applicants to remove all their materials from site within stipulated time as
prescribed by this Hon'ble Court.
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A.No.880 of 2014:
Application praying that this Hon'ble Court be pleased to direct the Respondent to immediately make advance payment of the 80% out of claim amount Rs.25,08,88,580/- amounts Rs.20,07,10,864/- as contemplated
under clause 13.7 of the conditions of the contract.
A.Nos.2899 and 2900 of 2014:
In the matter of Arbitration and Conciliation Act 1996 and In the matter of dispute between M/s.Consolidated Construction Consortium Limited & Chennai Metro Rail Limited and In the matter of the Agreement Dated 15.07.2010.
M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakaranarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004.
... Applicant
-Versus-
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A.No.2899 of 2014:
Application praying that this Hon'ble Court be pleased to direct the
Respondent to pay the excess recovery of bank guarantee i.e Rs.6,34,13,514/- within a stipulated time prescribed by this Hon'ble Court.
A.No.2900 of 2014:
Application praying that this Hon'ble Court be pleased to direct the
Respondent to pay the excess recovery of bank guarantee i.e Rs.10,32,00,574/- within a stipulated time prescribed by this Hon'ble Court.
A.No.2903 of 2014:
-Vs-
M/s. Consolidated Construction Consortium Limited, Rep.by its authorised Signatory, Mr.G.Sanakaranarayanan, Head-Legal, No.5, 2nd Link Street, C.I.T.Colony, Mylapore, Chennai - 600 004. ...Respondent/Applicant/Applicant https://hcservices.ecourts.gov.in/hcservices/
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A.No.2903 of 2014:
Application praying that this Hon'ble Court be pleased to set aside the order dated 07/04/2014 in A No.875 of 2014 in OA No.106 of 2014 on the file of this Hon'ble High Court.
These Original Applications and Applications coming on this day before this court for hearing the court made the following order:
Today, when the matter is taken up for hearing, the learned counsel
appearing for the applicant, through video conferencing, seeks permission
of this court to withdraw all the original applications.
for the applicant, all the original applications are dismissed as withdrawn.
Consequently, connected applications are closed. No costs.
//Certified to be a true copy//
Dated this the th day of 2020.
su.11.11.2020 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
M/s. Consolidated Construction Consortium Limited
Chennai Metro Rail Limited
M/s. State Bank of India
M/s.IDBI Bank Limited
M/s. Consolidated Construction Consortium Limited
Chennai Metro Rail Limited
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
