Dismissed

M/s. Iron Infrastructure and Services Limited (Ircon Isl) v. Madurai Multifunctional Complex Pvt. Ltd(Mmcpl)

Madras HC24 Oct 2024CMP(MD)/11579/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed an application by the third respondent (IRCON ISL) seeking to vacate an interim stay order in a writ petition arising from an arbitration dispute.

What did the court decide?

The application to vacate the interim stay order in C.M.P.(MD)No.11579 of 2024 is dismissed with a clarification that the petitioner may execute arbitrator's orders by attachment of moneys.

M/s. Iron Infrastructure and Services Limited (Ircon… — Service and Employment | Madras HC (2024)

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CMP(MD) No.11579 of 2024

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

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Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice R.SUBRAMANIAN and

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The Hon`ble Mrs.Justice L. VICTORIA GOWRI

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CMP(MD) No.11579 of 2024 IN WA(MD) No.1103 of 2024

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M/S. IRON INFRASTRUCTURE AND SERVICES LIMITED (IRCON ISL), GOVERNMENT OF INDIA, SITUATED AT PLOT NO.C4, DISTRICT CENTRE, SAKET, NEW DELHI 110 017.

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REP. BY ITS CHIEF EXECUTIVE OFFICER. ... PETITIONER/3^rd RESPONDENT/ 3^rd RESPONDENT

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1 MADURAI MULTIFUNCTIONAL COMPLEX PVT. LTD(MMCPL), SITUATED AT BLOCK-C, 2ND FLOOR, CHOWRINGHEE MANSION, 30, JAWAHARLAL NEHRU ROAD, KOLKATA 700 016. ... 1^st RESPONDENT/PETITIONER/

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... 1^st RESPONDENT/PETITIONER/ APPELLANT

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2 THE UNION OF INDIA THE MINISTRY OF RAILWAYS, RAISINA ROAD, NEW DELHI 110 001. REP. BY ITS SECRETARY. https://www.mhc.tn.gov.in/judis

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CMP(MD) No.11579 of 2024

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3 RAIL LAND DEVELOPMENT AUTHORITY, SITUATED AT NUMBER 702-B, 7TH FLOOR, KONNECTUS TOWER 2, DMRC BUILDING, AJMERI GATE, DELHI 110 002, REP. BY ITS CHAIRMAN

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4 THE ESTATE OFFICER SOUTHERN RAILWAY, DIVISION OFFICE, WORKS BRANCH, MADURAI 625 001.

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5 M/s.JOYALUKKAS INDIA LTD JOYALUKKAS JEWELLERY,

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SITUATED AT MADURAI MULTIFUNCTIONAL COMPLEX (P) LIMITED, WEST VELLI STREET, RAILWAY STATION PREMISES, MADURAI 625 001,

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REP. BY AUTHORISED PERSONS ... 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 Vacate the interim stay granted in CMP(MD)No.8286 of 2024 vide order dated 04.07.2024.

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Prayer in WA(MD) No.1103 of 2024:

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Writ Appeal filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order in WP (MD)No.6747 of 2024 dated 08.04.2024 on the file of this Hon'ble Court and dismiss the said writ petition.

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Prayer in WP(MD). 6747/ 2024 :

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To issue a Writ of Mandamus to issue direction to the 3rd Respondent M/s.IRCON ISL shall consider the representation dated 02.02.2024 of the petitioner.

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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 https://www.mhc.tn.gov.in/judis arguments of M/S.NISHIT KUSH, Advocate for the petitioner and of Mr.N.DILIP

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CMP(MD) No.11579 of 2024

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KUMAR, Advocate for the 1^st Respondent and Mr.K.GOVINDARAJAN, Deputy Solicitor General of India on behalf of the Respondents No.2, 3 & 4 and Mr.T.LAJAPATHI ROY, Senior Counsel for Mr.M.MAHABOOB FAZIL, Advocate for Mr.P.V.VETRIVEL, Advocate for the 5^th Respondent, the court made the following order:-

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(Order of the Court was made by R.SUBRAMANIAN,J.)

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The application to vacate stay has been filed by the third respondent in the Appeal.

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2.According to the third respondent, though the interim order protects his interest by directing the appellant to pay the amount as determined by the Arbitrator without fail, the said order has not been honoured by the appellant.

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3.Mr.N.Dilipkumar, learned counsel appearing for the appellant would submit

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that the appellant has sought for extension of time before the Arbitrator and part of the amount as directed by the Arbitrator has been paid.

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4.We do not think we should go into those questions. If the third respondent in the appeal/petitioner herein in C.M.P.(MD)No.11579 of 2024, is favoured with an order by the Arbitrator, it is open to it to execute the said order and recover the money. Now that, an order of the Arbitrator is akin to the decree of Civil Court, the petitioner can also attach the moneys lying in the hands of other tenants also.

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5.Hence, the Application to vacate interim stay order is dismissed with a https://www.mhc.tn.gov.in/judis clarification that it will be open to the petitioner/3^rd respondent in the Writ Appeal to

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CMP(MD) No.11579 of 2024

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execute the orders passed by the Arbitrator and modified by the Delhi High Court in

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the manner known to law.

sd/-

24/10/2024

/ TRUE COPY /

/11/2024

Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court,

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Madurai - 625 023.

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1 THE SECRETARY, UNION OF INDIA THE MINISTRY OF RAILWAYS, RAISINA ROAD, NEW DELHI 110 001.

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2 THE CHAIRMAN

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RAIL LAND DEVELOPMENT AUTHORITY, SITUATED AT NUMBER 702-B, 7TH FLOOR, KONNECTUS TOWER 2, DMRC BUILDING, AJMERI GATE, DELHI 110 002,

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3 THE ESTATE OFFICER SOUTHERN RAILWAY, DIVISION OFFICE, WORKS BRANCH, MADURAI 625 001.

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+1 CC to M/s.M.MAHABOOB FAZIL, Advocate ( SR-13121[I] dated 25/10/2024 )

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+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-13198[I] dated 25/10/2024 )

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

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CMP(MD) No.11579 of 2024

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ORDER IN CMP(MD) No.11579 of 2024 IN WA(MD) No.1103 of 2024 Date :24/10/2024

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SA/SKN/SAR. /14.11.2024/5P/6C 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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M/s. Iron Infrastructure and Services Limited (Ircon Isl) v. Madurai Multifunctional Complex Pvt. Ltd(Mmcpl)

Case brief

What is this about?

What did the court decide?

M/s. Iron Infrastructure and Services Limited (Ircon Isl) v. Madurai Multifunctional Complex Pvt. Ltd(Mmcpl)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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