This petition sought modification of a conditional order requiring deposit of an arbitral award amount. The court rejected the plea to entertain the modification based on a change in law regarding Section 34 of the Arbitration Act and dismissed the petition.
The petition in CMP(MD) No.4627 of 2022 is dismissed.
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.4627 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fourteenth day of December Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and
The Hon`ble Mr.Justice P.B. BALAJI
CMP(MD) No.4627 of 2022 IN CMA(MD) No.592 of 2020
THE PROJECT DIRECTOR (NATIONAL HIGHWAYS-7), NATIONAL HIGHWAYS AUTHORITY OF INDIA, 83/1, SBI, 1ST COLONY EXTENSION, (NEAR GOWRI KRISHNA HOTEL), BYE PASS ROAD, MADURAI ... PETITIONER/PETITIONER/APPELLANT Vs
LINGAMMAL(DIED)
1 LAKSHMANAN
2 CHINNAMMAL,
3 THE SPECIAL DISTRICT REVENUE OFFICER, LAND ACQUISITION OFFICER/ (NATIONAL HIGHWAYS-7,) COLLECTORATE BUILDINGS, MADURAI. ... RESPONDENTS/RESPONDENTS/RESPONDENTS
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CMP(MD) No.4627 of 2022
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 04-01-2021 passed in CMP(MD).No.6115/2020 in CMA(MD).No.592 of 2020.
Prayer in CMA(MD). 592/ 2020 :
To set aside the order made in Arbitration O.P.No.30 of 2015 dated 07-09-2019 on the file of the Principal District Judge, Madurai and thus render justice. ORDER : This 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@SEKAR, Advocate for M/s.ARUL VADIVEL ASSOCIATES, for the petitioner and of Mr.R.GOVINDARAJ, Advocate on behalf of the Respondents No.1 & 2 and Mr.D.GANDHIRAJ, Special Government Pleader on behalf of the 3rd Respondent, the court made the following order:-
(Order of the Court was made by RMT.TEEKAA RAMAN,J)
This petition is filed to modify the conditional order, dated 04.01.2021, wherein,
an interim stay was granted on condition to deposit the entire award amount on or before 01.03.2021.
https://www.mhc.tn.gov.in/judis change in proposition of law. He would further state that the enhanced amount need
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CMP(MD) No.4627 of 2022
not be deposited in the Court. Such plea cannot be entertained for the purpose of modification.
sd/14/12/2023
/ TRUE COPY /
/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
AM TO
THE PRINCIPAL DISTRICT JUDGE, MADURAI.
ORDER IN CMP(MD) No.4627 of 2022 IN CMA(MD) No.592 of 2020 Date :14/12/2023
SA/DD/SAR. /19.12.2023/3P/2C
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 petition to modify a conditional order regarding the deposit of an arbitral award sum can be entertained when there is a change in the proposition of law regarding the power to modify an awa
1 provisions across 1 enactments
THE PROJECT DIRECTOR (NATIONAL HIGHWAYS-7), NATIONAL HIGHWAYS AUTHORITY OF INDIA
LINGAMMAL(DIED)
1 LAKSHMANAN
2 CHINNAMMAL
THE SPECIAL DISTRICT REVENUE OFFICER, LAND ACQUISITION OFFICER/ (NATIONAL HIGHWAYS-7,) COLLECTORATE BUILDINGS, MADURAI
RMT.TEEKAA RAMAN
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
