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2014 Supreme(Ker) 252

P.D.RAJAN
Cochin Bridge Infrastructure Company Ltd. , represented by its Authorised Signatory, Vinod Parekh – Appellant
Versus
Greater Cochin Development Authority (GCDA), represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:S.V. Balakrishna Iyer, Senior Advocate, Prakash P. George, Advocate.
For the Respondents: R1 to R3, C.A. Majeed, SC, G.C.D.A.

Judgment :

1. This petition is preferred under Article 227 of the Constitution of India seeking a direction to the respondents not to interfere with the collection of the toll by the petitioner from the vehicles passing through the Mattancherry bridge in terms of the Arbitrators' interim orders and other reliefs claimed in Ext.P1 and W.P.(C)No.13178/07 till disposal of the above O.P.(Arb) of the District Court, Ernakulam.

2. The petitioner is a Company incorporated under the Companies Act and has the right to collect toll from the Mattancherry Bridge as per the Concession Agreement and the Supplementary Agreement. There arise dispute between the petitioner and the respondents and the matter was referred for Arbitration. Now the arbitration proceedings are pending before arbitrators and as per the direction of the Arbitrators, the toll is now being collected until further orders. Now the Chairman of the 1st respondent issued a press release informing that on 27.04.2014, they will interfere with the collection of the toll by taking over the Bridge and will not issue sealed coupons for collecting toll. Under the circumstances, the petitioner filed an application for injunction before










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