The High Court granted liberty to the petitioner to invoke an arbitration clause to resolve disputes associated with a completed project, disposing of related petitions.
Liberty granted to petitioner to invoke arbitration clause for resolving disputes; writ petitions closed without costs.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD[ (Special Original Jurisdiction)
3168 ]
MONDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION NO: 25727 OF 2 022
Between:
M/s SCR Nirman Pvt. Ltd., Plot No.339, Flat No.101, Gayatri Enclave Road No.7, Kakateeya Hills Madh apur, Hyderabad-500081, Rep. by its Managing Director.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or Direction, more particularly a Direction in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing SEVEN DAYS' NOTICE dated 09/06/2022 as contrary to the site conditions admitted facts, and hence arbitrary, illegal and against the principles of natural justice and consequently set aside the same. Consequen y the Hon,ble Court will be pleased to direct the 4th Respondent to permit the petitioner to represent it through its nominee for signing all the necessary documents, bills, notices etc. and the Petitioner undertakes to ratify the same as if it has signed all such documents, letters, bills etc.
il2il
lA NO: 1 OF 2022
Petitron und€- Section 151 CPC praying that in the ci-cLtms;tances stated in the affidavit fil-'d n upport of the petition, the High court mz y be :leased to direct the 4th Respc)nden to permit the Petitioner to be represerrtc d t,y its authorized signatory to siqn a I he documents, including bills, and all otf er things. lA NO: 2 OF 2A22
Petition unde Section 151 cPC praying that in rhe circr.mstances stated in the affidavit filed in upport of the petition, the High court m,ly be pleased to stay all proposed artrons including forfeiting the security and performance Guarantee, proposed to br: takt n tn pursuance of impugned SEVET\ DA,/S, NOTICE dated 09.06.2022 issJed b'the 4th Respondent
lA NO: 3 OF 2A22
Between:
AND
...Petiti,rners/Respondents
M/s SCR Nirmar Pvt Ltd., Plot No.339, Flat No.101, Gayatrr lrctare Road No.7, Kakateeya Hills lMadh pur, Hyderabad-50008'1 ., Rep. by its Manap rng Director.
...Res prrndenUPetitioner
Petition under iection 151 cpc praying that in the circtrn'stances stated rn the affidavit filed in : Jpport of the petition, the High court -rray be pleased to vacate the lnter m or lers passed in w.p.No.2572l of 20,22. dt lt;to6t2o22 and dismiss the Writ Petitir n with exemplary costs.
Counsel for the Petiti rner: SRl. PRASAD RAO VEMULAPALLI
Counsel for the Resp ,ndents: SRI cADt PRAVEEN KUMAR,
DEPUTY SOLICITOR GENERAL OF [rtDtr\
The Court made the fr llowing: ORDER
\ \
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.25727 OF 2022
ORAL ORDER:
Mr. Prasadrao Vemulapalli, leamed counsel for the petitioner, would submit that in compliance with the interim order dated 16.06.2022 passed by this Court, the petitioner has completed the work and, therefore, no further orders are required in the present writ petition
I
\s a r :cprcl theleto. rnisccllaneous petitLons. l' .rn1 . pending in the
rvrit petiti,rn shall stand closed.
SD/- P.(:h nAGABHUSHAMBA ASSISTAI!T REGISTRAR //TRUE COPY// l;Ec;TtoN drflceR
To, 1 One CC to SF I PRASAD RAO VEMULAPALLT Advocate IOPUCI 2 One CC to Sr Gadi Praveen Kumar, Deputy Solic tor G(,ni)ral of lhdia [OPUC] Two CD Co ptr s CHR GJP H. L(
I I I I
HlcH CO,UR-
DATED:0310,'12023
ORDER
W.P.No.2572',' of 2022
s:iP f
lr
CLOSING THT WRIT PETITION WITHOUT CO:;TS
,\ X}
,$( Ao,'
-/ o,/
(
M/s SCR Nirman Pvt. Ltd.
Union of India
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
