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2018 Supreme(Mad) 205

S.VAIDYANATHAN
Raman Constructions, Rep. by its Managing Partner, V. Ramachandran – Appellant
Versus
Union of India, Rep. by the Executive Engineer, Irrigation Division, Pondicherry – Respondent


Advocates Appeared:
For the Petitioner: M. Krishnappan, R. Swarnalatha
For the Respondents: J. Kumaran

JUDGMENT :

1. The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the distraint proceedings of the second respondent, dated 08.12.2003 issued under Section 8 of the Revenue Recovery Act and quash the same.

2. According to the petitioner, during 1978-1979, tender was notified by the respondents for strengthening the Western bund of Ousteri Tank. The petitioner's tender was accepted and the work commenced in April 1978. The work was successfully completed by the petitioner. As the amount was not settled in terms of the contract, arbitration proceedings were initiated and a retired District Judge was appointed as single Arbitrator. The appointment of Arbitrator was unsuccessfully challenged by the respondents before this Court and this Court dismissed the challenge to the appointment of the Arbitrator. Ultimately, an Award was passed on 04.12.1984. The District Court, Puducherry passed a judgment and decree on 27.09.1985 in terms of Section 17 of the Arbitration Act and it has become final. In terms of the Award, final bill was settled by the respondents on 15.11.1991. After a lapse of one year, on 14.12.19









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