Madras High Court
ARB APPEAL.SR/97411/2026 of Dgm (t) Project Director Nhai Piu Coimbatore Vs The District Collector And Sole Arbitrator La Pall on 11 September 2026
C.M.P.No.17937 of 2026
in
ARB.APPEAL SR.No.97411 of 2026
and
ARB.APPEAL SR.No.97411 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
C.M.P.No.17937 of 2026
in
ARB.APPEAL SR.No.97411 of 2026
and
ARB.APPEAL SR.No.97411 of 2026
The DGM (T) & Project Director
National Highways Authority of India
PIU-Coimbatore,
No.11/1, Kongu Nagar East, Back side of
Appasamy Apartments, Ramanathapuram,
Coimbatore - 641 045.
.. Petitioner/Appellant
Vs
1. The District Collector and Sole Arbitrator (LA)
Palladam Road,
Tiruppur, Tiruppur District.
2. The Competent Authority and
Special District Revenue Officer (LA),
NH-47, Coimbatore.
3. Velusamy
..Respondent(s)
C.M.P.No.17937 of 2026
in
ARB.APPEAL SR.No.97411 of 2026
and
ARB.APPEAL SR.No.97411 of 2026
Prayer in C.M.P.No.17937 of 2026 :
Civil Miscellaneous Petition filed under Order IV Rule 9(4) of A.S.Rules, to condone the delay of 542 days in representing the appeal papers in Arb.Appeal SR No.97411 of 2026.
Prayer in
Arb Appeal SR No.97411 of 2026 :
Arbitration Appeal filed under Section 37(1) & (2) of Arbitration and Conciliation Act, 1996, to set aside the order made in Arbitration O.P.No.53 of 2023 dated 24.11.2023 on the file of the Principal District Court, Tiruppur.
For Petitioner/Appellant : Mr.Srinivasan Su For Respondent(s)
: Mr.Karthik Selvaraj
Additional Government Pleader
for R1 and R2
R3 - Deceased
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O R D E R
(Order of the Court was made by P.Velmurugan J.) The Civil Miscellaneous Petition has been filed seeking to condone the delay of 542 days in representing the Arb.Appeal SR.No.97411 of 2026.
2. This Court had earlier granted time for taking steps to bring the legal representatives of the deceased third respondent/land owner on record. Thereafter, by order dated 27.08.2026, as a final opportunity, two weeks’ time was granted to the petitioner to take necessary steps, with a specific direction
C.M.P.No.17937 of 2026 in ARB.APPEAL SR.No.97411 of 2026 and ARB.APPEAL SR.No.97411 of 2026
that, in the event of a failure to take such steps, the petition would stand dismissed automatically as against the third respondent, without further reference to the Court.
3. Considering the fact that the third respondent/land owner, who is the contesting respondent in the Arbitration Appeal, has since died, the petitioner was required to take steps to bring his legal representatives on record. Despite sufficient opportunities and specific direction issued by this Court, no such steps have been taken till date. In view of the non-compliance of the directions of this Court, this Civil Miscellaneous Petition is dismissed for default. Consequently, the Arbitration Appeal is rejected at the S.R.Stage itself. (P.V.,J.) (G.K.M.,J.) 10-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms To
1. The District Collector And Sole Arbitrator (LA) Palladam Road, Tiruppur, Tiruppur District.
2. The Competent Authority and Special District Revenue Officer (LA), NH-47, Coimbatore.
C.M.P.No.17937 of 2026 in ARB.APPEAL SR.No.97411 of 2026 and ARB.APPEAL SR.No.97411 of 2026
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms C.M.P.No.17937 of 2026 in ARB.APPEAL SR.No.97411 of 2026 and ARB.APPEAL SR.No.97411 of 2026 10-09-2026