Allowed

The Project Director v. v. Vijayaraj

Madras HC14 Dec 2023CMP(MD)/3039/2021

Case brief

AI extract

What is this about?

The Madurai Bench allowed an application to extend time for complying with an interim order regarding the deposit of an arbitration award. Time was granted for 8 weeks on the condition that further extension will not be entertained and automatic vacating of stay applies upon failure to comply.

What did the court decide?

Extension of time to comply with the order dated 04.01.2021 granted for a period of 8 weeks from receipt of copy of order.

The Project Director Vs v. Vijayaraj — Arbitration | Madras HC (2023)

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CMP(MD) No.3039 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Thursday, the Fourteenth day of December Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and

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The Hon`ble Mr.Justice P.B.BALAJI

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CMP(MD) No.3039 of 2021 IN

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CMA(MD) No.579 of 2020

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THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, MADURAI -20.

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... PETITIONER/PETITIONER/ APPELLANT

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1 V. VIJAYARAJ

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2 THE COMPETENT AUTHORITY AND SPECIAL DISTRICT REVENUE OFFICER, NATIONAL HIGHWAYS 7, VIRUDHUNAGAR. ... RESPONDENTS/RESPONDENTS/ RESPONDENTS

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Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend 3 months time to comply with the order made in CMP(MD) NO.6035 of 2020 in CMA (MD) NO.579 of 2020 dated 04.01.2021 and thus render justice.

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Prayer in CMA(MD). 579/ 2020 :

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Pleased to set aside the order made in Arbitration O.P.No.108 of 2015 dated https://www.mhc.tn.gov.in/judis 20.09.2019 on the file of the Principal District Judge, Madurai and thus render justice.

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CMP(MD) No.3039 of 2021

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ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.ARUL VADIVEL ALIAS SEKAR, Senior Advocate for M/s.ARUL VADIVEL ASSOCIATES for the petitioner and of Mr.R.G.SHANKAR GANESH, Advocate on behalf of the 1^st Respondent and Mr.R.GOVINDARAJ, Advocate for the 2^nd Respondent, the court made the following order:-

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(Order of the Court was made by RMT.TEEKAA RAMAN,J)

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By order, dated 04.01.2021 interim stay was granted on condition that entire award amount has to be deposited on or before 01.03.2021, but the conditional order dated 04.01.2021 has not been complied with and hence, this application to extend three months time to comply with the order dated 04.01.2021 has been filed on 12.03.2021. There is a marginal delay of 11 days in filing the application.

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In view of the above, time to comply with the order dated 04.01.2021 made in C.M.P(MD)No.6035 of 2020 is extended for a period of 8 weeks from the date of receipt of a copy of this order. If the petitioner is failed to comply with the said order within the stipulated time, the interim stay granted is vacated automatically without further reference to this Court. No further petition for extension of time will be entertained.

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sd/14/12/2023

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/ TRUE COPY /

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https://www.mhc.tn.gov.in/judis

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/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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CMP(MD) No.3039 of 2021

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AM TO

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THE PRINCIPAL DISTRICT JUDGE, MADURAI.

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ORDER IN CMP(MD) No.3039 of 2021 IN CMA(MD) No.579 of 2020 Date :14/12/2023

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SA/DD/SAR. /19.12.2023/3P/2C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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https://www.mhc.tn.gov.in/judis

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The Project Director v. v. Vijayaraj

Case brief

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The Project Director v. v. Vijayaraj

Case brief

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The Project Director Vs v. Vijayaraj