High CourtsSingle Bench(2022) 04 MEG CK 0025

M/S BSC-C And C JV vs Chief Engineer, PWD, National Highways

Meghalaya High Court · Decided on 27 April 2022

HON’BLE JUDGES
H. S. Thangkhiew, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Case (CRP) No. 17 Of 2022 In CRP No. 11 Of 2022

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Judgment

6 paragraphs · 236 words

H. S. Thangkhiew, J

1.

The present application has been filed by the applicant/respondent seeking modification and alteration of the order dated 25.04.2022, passed by this Court in Misc. Case (CRP) No. 16 of 2022, arising out of CRP No. 11 of 2022.

2.

By the order dated 25.04.2022, this Court had stayed further proceedings before the Arbitral Tribunal, as it was informed to this Court that certain orders had been passed by the Arbitral Tribunal on 25.04.2022, which has also resulted in the imposition of cost of Rs.25000/- (Rupees Twenty-Five Thousand only) upon the petitioners. This Court in the interest of justice, as the main matter had been reserved for judgment, to prevent multiplicity of proceedings passed the order dated 25.04.2022.

3.

The instant Misc. application has been filed after the main matter has been reserved for judgment. It is noted that, the applicant/respondent has not deemed it necessary to annex a copy of the order dated 25.04.2022 passed by the learned Arbitral Tribunal, but however, has confirmed the fact that cost of Rs.25000/- has been imposed upon the petitioner.

4.

The very purpose of avoiding multiplicity of proceedings appears to be thwarted by the applicant themselves in seeking orders of modification and alteration, after the main matter has been reserved for judgment.

5.

In this view of the matter without dwelling on other aspects of the application, the same is rejected and accordingly dismissed.