Madras High Court
M/S.Tvrcpl-Hnbepl (Jv) vs Coimbatore City Municipal Corporation on 30 January, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
Arb Appeal No.11 of 2024 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Arb Appeal Nos.11 and 12 of 2024
and
C.M.A.No.1888 of 2024
and
C.M.P.No.1623 of 2025 and Arb Appeal No. SR 6781 of 2025
and
C.M.P.Nos.22464, 23238 and 14956 of 2024
Arb Appeal No.11 of 2024:
M/s.TVRCPL-HNBEPL (JV)
rep. by its Authorised Signatory KSN Sathish
Rohini Apartments, No.7-1-32/A, G-1,
Leela Nagar, Ammerpet,
Hyderabad. .. Appellant
Vs
1.Coimbatore City Municipal Corporation,
rep. by its Commissioner, Coimbatore.
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2.M/s.HNB Engineers Pvt Ltd.,
rep. by its Managing Director Aditya Bhat,
Office at HENABH Centre,
No.1326, Shukrawar Peth,
Off. Bajirao Road, Pune.
3.TVR Constructions Pvt. Ltd.,
rep. by its Managing Director KSN Sathish
Rohini Apartments, No.7-1-32/A, G-1,
Leela Nagar, Ammerpet,
Hyderabad. .. Respondents
Prayer in Arb Appeal No.11 of 2024 : Appeal under Section 37 of the
Arbitration and Conciliation Act, 1996 to set aside the order dated
27.02.2024 passed in Arb. O.P.No.56 of 2023 on the file of Commercial
Court of Principal District Judge, Coimbatore.
For Appellant : Mr.S.R.Raghunathan
For Respondents : Mr.N.Velmurugan
for respondent No.1
: Mr.P.Giridharan
for respondent No.2
: M/s.Pavithra Sundararajan
for respondent No.3
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Arb Appeal No.11 of 2024 etc.
Arb Appeal No.12 of 2024:
TVR Constructions Pvt. Ltd.,
rep. by its Managing Director KSN Sathish,
Rohini Apartments, No.7-1-32/A, G-1,
Leela Nagar, Ammerpet, Hyderabad. .. Appellant
Vs
1.Coimbatore City Municipal Corporation,
rep. by its Commissioner, Coimbatore.
2.M/s.HNB Engineers Pvt Ltd.,
rep. by its Managing Director Aditya Bhat,
Office at HENABH Centre,
No.1326, Shukrawar Peth,
Off. Bajirao Road,
Pune.
3.M/s.TVRCPL-HNBEPL (JV)
rep. by its Authorised Signatory KSN Sathish
Rohini Apartments, No.7-1-32/A, G-1,
Leela Nagar, Ammerpet,
Hyderabad. .. Respondents
Prayer in Arb Appeal No.12 of 2024 : Appeal under Section 37 of the
Arbitration and Conciliation Act, 1996 to set aside the order dated
27.02.2024 passed in Arb. O.P.No.57 of 2023 on the file of Commercial
Court of Principal District Judge, Coimbatore.
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Arb Appeal No.11 of 2024 etc.
For Appellant : Mr.Alladi Rahul
For Respondents : Mr.N.Umapathi
for respondent No.1
: Mr.P.Giridharan
for respondent No.2
: Mr.S.R.Raghunathan
for respondent No.3
C.M.A.No.1888 of 2024:
HNB Engineers Private Limited,
rep. by its Managing Director Aditya Bhat,
office at HENABH Center,
No.1326, Shukrawar Peth,
Off. Bajirao Road, Pune. .. Appellant
Vs
1.M/s.Coimbatore City Municipal Corporation,
rep. by its Commissioner, Coimbatore.
2.M/s.TVRCPL-HNBEPL (JV)
Rohini Apartments,
No.7-1-32/A, G1, Leela Nagar,
Ammerpet, Hyderabad.
3.TVR Constructions Private Limited,
Having Registered Office at
Rohini Apartments,
7-1-32/A-G1, Leela Nagar,
Ameerpet, Hyderabad. .. Respondents
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Prayer in CMA No.1888 of 2024 : Appeal under Section 37 of the
Arbitration and Conciliation Act, 1996 to set aside the order dated
27.02.2024 passed in Arb. O.P.No.54 of 2023 on the file of Commercial
Court, Coimbatore.
For Appellant : Mr.P.Giridharan
For Respondents : Mr.P.S.Raman
Advocate-General
assisted by
Mr.D.Ferdinand
Standing Counsel
for respondent No.1
: Mr.S.R.Raghunathan
for respondent No.2
: Mr.Alladi Rahul
for respondent No.3
C.M.P.No.1623 of 2025 and Arb Appeal No. SR 6781 of 2025:
Coimbatore City Municipal Corporation,
rep. by its Commissioner, Coimbatore.
Town Hall, Coimbatore-1. .. Applicant/
Appellant
Vs
1.M/s.TVRCPL-HNBEPL (JV)
Rohini Apartments,
No.7-1-32/A, G-1, Leela Nagar,
Ammerpet, Hyderabad.
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Arb Appeal No.11 of 2024 etc.
2.TVR Constructions Private Limited,
Rohini Apartments,
No.7-1-32/A, G-1, Leela Nagar,
Ammerpet, Hyderabad.
3.HNB Engineers Private Limited,
rep. by its Managing Director Aditya Bhat,
Office at HENABH Centre,
No.1326, Shukrawar Peth,
Off. Bajirao Road, Pune. .. Respondents/
Respondents
Prayer in C.M.P.No.1623 of 2025 : Petition filed under Section 5 of the
Limitation Act to condone the delay of 238 days in filing the appeal under
Section 37 of the Arbitration and Conciliation Act.
Prayer in Arb Appeal No. SR 6781 of 2025 : Appeal under Section 37 of the
Arbitration and Conciliation Act, 1996 read with Section 13(1A) of the
Commercial Courts Act, 2015 to set aside the order dated 27.02.2024
passed in Arb. O.P.No.55 of 2023 on the file of Commercial Court,
Coimbatore.
For Applicant/ : Mr.P.S.Raman
Appellant Advocate-General
assisted by
Mr.D.Ferdinand
For Respondents : Mr.Alladi Rahul
for respondent Nos.1 and 2
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Arb Appeal No.11 of 2024 etc.
: Mr.P.Giridharan
for respondent No.3
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
There are various arbitration appeals, civil miscellaneous petitions
and civil miscellaneous appeal listed today.
2. Keeping open the rights and contentions of the parties, the
following order, by consent, is passed:
(a) C.M.P.No.1623 of 2025 filed by the Coimbatore City
Municipal Corporation for condoning the delay of 238 days
in filing the Arbitration Appeal No.SR 6781 of 2025 is
allowed.
In view of C.M.P.No.1623 of 2025 being allowed, the
Registry is directed to number the appeal for completion of
record.
(b) C.M.A.No.1888 of 2024 is now converted into an
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Arb Appeal No.11 of 2024 etc.
Arbitration Appeal.
(c) All the Arbitration Appeals are hereby allowed. The
impugned order, which is a common order dated
27.02.2024, is quashed and set aside and the matters are
remanded for de novo consideration to the Commercial
Court, Coimbatore.
(d) The Commercial Court, Coimbatore, shall re-hear all
Section 34 petitions, being Arbitration Original Petition
Nos.54, 55, 56 and 57 of 2023, de novo.
3. Shri Giridharan states that there has been interim protection by
way of stay of execution proceedings.
4. By consent, the interim protection granted earlier shall continue
until the disposal of Section 34 petitions, which are restored to file. This
protection shall inure to the benefit of all parties.
5. There shall be no order as to costs. Consequently, all other interim
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Arb Appeal No.11 of 2024 etc.
applications are closed.
6. We clarify that we have not made any observation on the merits of
the matter.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.)
30.01.2025
Index : Yes/No
NC : Yes/No
bbr
To
The Sub-Assistant Registrar (OS)
High Court, Madras.
Copy to:
The Commercial Court,
(District Judge Cadre),
Coimbatore.
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Arb Appeal No.11 of 2024 etc.
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY,J.
bbr
Arb Appeal Nos.11, 12 of 2024;
and
CMP No.1623 of 2025 in
Arb Appeal No. SR 6781 of 2025
30.01.2025
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