This appellant filed a civil miscellaneous petition to modify a conditional stay order, citing a subsequent Supreme Court judgment. The Court held that a changed interpretation by the Apex Court is not a ground for modification and directed the party to argue the same in the main appeal, dismissing the petition.
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.
CMP(MD) No.4622 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Eighteenth day of December Two Thousand and Twenty Three
PRESENT
The Honble Mr.Justice RMT.TEEKAA RAMAN and The Honble Mr.Justice P.B. BALAJI
CMP(MD) No.4622 of 2022 in CMA(MD) No.97 of 2021
THE PROJECTOR DIRCTOR NATIONAL HIGHWAYS-7, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PLOT NO.3, SURIYA TOWERS, 2ND FLOOR,1ST EAST STREET, K.K.NAGAR, (NEAR MUTHUVELRAJAN HOSPITAL) MADURAI-20 ... Petitioner / Petitioner / Appellant
Vs
1 J.VIJAYAKUMARAN .
2 THE DISTRICT REVENUE OFFICER, (LAND ACQUSITION, NATIONAL HIGHWAYS-7), COLLECTORATE BUILDING, MADURAI-625 020. ... Respondents / Respondents / Respondents
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to modify the conditional order dated 09-02-2021 passed in CMP(MD).No.868 of 2021 in CMA (MD).No.97 of 2021.
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CMP(MD) No.4622 of 2022
Prayer in CMA(MD). 97/ 2021 :
To set aside the order made in Arbitration OP No. 93 of 2015 dated. 19.03.2020 on the file of the Principal District Judge, Madurai.
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 Mr.S.SANKARA PANDIAN, Advocate for M/S.C.ARUL VADIVEL ASSOCIATES, Advocate for the petitioner and of Mr.R.GOVINDARAJ, Advocate on behalf of the Respondent No.1, the court made the following order:-
This petition has been filed to modify the conditional order of stay on the ground that after one year of passing of the said order, a judgment has been pronounced by the Hon'ble Supreme Court on the question of law. The subsequent order passed by the Apex Court on a difference interpretation will not be ground for modification. The said ground may be agitated at the time of arguing the appeal. Hence, we are not inclined to accept the said plea. Accordingly, this petition stands dsmissed.
sd/18/12/2023
/ TRUE COPY /
/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
RR
To
The Principal District Judge, Madurai.
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CMP(MD) No.4622 of 2022
Copy to:
The Branch Manager, Indian Bank, Madurai Bench of Madras High Court, Madurai.
ORDER IN CMP(MD) No.4622 of 2022 in CMA(MD) No.97 of 2021 Date :18/12/2023
ED/ JGB /SAR- (22/12/2023) 3P / 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether a subsequent Supreme Court judgment on the same question of law after one year is a ground to modify a stay order.
THE PROJECTOR DIRCTOR NATIONAL HIGHWAYS-7, NATIONAL HIGHWAYS AUTHORITY OF INDIA
J.VIJAYAKUMARAN
THE DISTRICT REVENUE OFFICER
RMT.TEEKAA RAMAN
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
