Disposed

R.Umamaheswari v. Union of India

Madras HC12 Dec 2023WA/2277/2023

Case brief

AI extract

What is this about?

This batch judgment disposed of multiple writ appeals by relying on a prior order. The High Court held that since an arbitration clause exists in the relevant lease deed, the claim for title declaration and injunction must be decided by the learned Arbitrator, rendering the writ appeals superflutory.

What did the court decide?

Appellate writ petitions disposed; parties directed to appear before the learned Arbitrator; connected miscellaneous petitions closed.

R.Umamaheswari Vs Union of India — Contract and Commercial Disputes | Madras HC (2023)

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W.A.No.2277 of 2023 etc.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.12.2023

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.A.Nos.2277, 2566, 2571, 2573, 2574, 2576, 2577, 2579, 2583, 2587, 2591, 2592, 2603, 2604, 2611, 2665, 2667, 2857, 3476, 3478, 3475, 3474, 3466, 3472, 3480 of 2023 and

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C.M.P.Nos.19520, 21703, 21710, 21765, 21741, 21744, 21743, 21745, 21746, 21747, 21797, 21802, 21827, 21839, 21884, 21886, 21888, 21893, 21993, 21995, 22000, 22003, 22019, 22023, 22405, 22406, 22424, 22428, 23731, 28338, 28383, 28387, 28389, 28392, 28326, 28380, 28385, 28378, 28321, 28359, 28361, 28393 of 2023

W.A.No.2277 of 2023

R.Umamaheswari

.. Appellant

The Union of India Rep by the Deputy Secretary to the Government Ministry of Industry and Commerce Department of Industrial Policy and Promotion(Salt section)

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Udhyog Bhawan, New Delhi.

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2 The Salt Commissioner Lavan Bhawan 2-A Lavan Marg Jhalana Doongri, Jaipur-302 004.

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Page 1 of 6

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

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W.A.No.2277 of 2023 etc.

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3 The Deputy Salt Commissioner 26 Haddows Road Shastri Bhavan

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Chennai – 600 006.

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4 The State of Tamil Nadu

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Rep by its Secretary

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Revenue Department

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Fort.St.George Chennai – 600 009.

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.. Respondents

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PRAYER in W.A.No.2277 of 2023: Appeal under Clause 15 of the Letters Patent against the order dated 22.12.2021 in W.P.No.32761 of 2018 passed by the learned Single Judge.

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For the Appellant in : Mr.B.Mohan W.A.No.2277 of 2023

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For the Respondents in : Mr.K.B.Arul W.A.No.2277 of 2023 Standing Counsel for respondents 1 to 3

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: Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for 4^th respondent

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and batch cases

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_____________ Page 2 of 6_

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

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W.A.No.2277 of 2023 etc.

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COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice)

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These appeals are directed against the order dated

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22.12.2021 passed by the learned Single Judge in a batch of writ petitions.

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Learned counsel for the appellants submits that in the present matters the appellants are disputing the title of the Central Government. The appellants themselves claim to be the owners of the subject lands.

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It is further submitted by learned counsel for the appellants that the Central Government has already filed a suit

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for declaration of title and the same is pending. In the said suit, the question of title would be decided, so, till the title is decided, the appellants are seeking injunction against the respondents from being evicted.

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_____________ Page 3 of 6_

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

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W.A.No.2277 of 2023 etc.

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Assailing the order passed by the learned Single Judge in the batch of writ petitions, various appeals are filed before this court. This Court, under order dated 1.8.2022 passed in W.A.No.752 of 2022 and connected appeals, considering that an arbitration clause exists in the lease deed, referred the matter to the Arbitrator.

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In the light of that, we pass the same order. The parties are referred to the learned Arbitrator as per the order dated 1.8.2022 passed in W.A.No.752 of 2022 and connected appeals on the same terms and conditions. It is made clear that the finding or observations made by the learned Single Judge will not come in the way of either party to raise the respective issues before the learned Arbitrator. It is for the appellants to raise all possible defences available to them before the learned Arbitrator.

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_____________ Page 4 of 6_

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

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W.A.No.2277 of 2023 etc.

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The parties may appear before the learned Arbitrator

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on 22.12.2023 or at such other date as per the convenience of the learned Arbitrator.

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The writ appeals are disposed of accordingly. There will

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be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

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(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No Neutral Citation : Yes/No sasi

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_____________ Page 5 of 6_

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

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W.A.No.2277 of 2023 etc.

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

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(sasi)

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W.A.No.2277 of 2023 and batch cases.

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12.12.2023

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_____________ Page 6 of 6_

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

R.Umamaheswari v. Union of India

Case brief

What is this about?

What did the court decide?

R.Umamaheswari v. Union of India

Case brief

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