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2021 Supreme(Mad) 1539

R.SUBBIAH, C.SARAVANAN
Transtonnelstroy-Afcons (JV) – Appellant
Versus
Chennai Metro Rail Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V. Raghavachari, G. Masilamani, Senior Counsel for D. Balaraman, Yashod Vardhan, Senior Counsel and P.H. Arvind Pandian, Senior Counsel/Addl. Advocate General assisted by S. Arjun Suresh
For the Respondents:Yashod Vardhan, Senior Counsel, P.H. Arvindh Pandiyan, Senior Counsel/Addl. Advocate General assisted by S. Arjun Suresh, V. Raghavachari, G. Masilamani, Senior Counsel for D. Balaraman and Srinath Sridevan

JUDGMENT :

R. Subbiah, J.

1. Chennai Metro Rail has become one of the iconic symbols of the City of Chennai. It connects and/or transports people to various nerve-centres of the City. It is also considered as one of the important and convenient modes of transportation to ease traffic congestion in the City. It heralded a new mode of convenient transportation to the masses of City. Though it is operational for the past more than two years, the dispute between the contractor, who was awarded the contract for tunnelling, design and construction of Metro Railway Stations and Chennai Metro Rail, is yet to be settled. There were several arbitration proceedings pending between the contractor and Metro Rail. During the pendency of such arbitration proceedings, the present appeals and cross-objections are filed before us.

2. These Original Side Appeals have been filed as against the common order of dismissal, dated 14.08.2020 passed by the learned Single Judge in two separate applications filed by the appellants herein in O.A. Nos. 246 and 247 of 2020 under Section 9(ii)(d) of the Arbitration and Conciliation Act, for restraining the first respondent-M/s. Chennai Metro Rail Limited, from invok

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