C.R..P.(PD)(MD).No.554 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.554 of 2025 and C.M.P(MD) No.2984 of 2025 V.X.Domnic Savio Proprietor, M/s. Savio Industrial and Structural Corporation Limited, 96/5, Salem Aathur Main Road, K.N.Colony Post, Salem – 636 014. ... Petitioner/Petitioner Petitioner Vs. 1. The Deputy Chief Engineer, Gauge Conversion/ Southern Railway, Arasarai, Madurai – 636 014. 2. The Chief Engineer (South) Construction / Southern Railway, Egmore, Chennai – 600 008. ... Respondents/Respondents Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, for early disposal of E.P.No.13 of 2023 in AR.OP.No.189 of 2021 and connected sub applications on the file of I Additional District Judge, Madurai within the time stipulated by this Court. 1/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.554 of 2025 For Petitioner : Mr.S.Meenakshisundaram Senior Counsel for Mr.J.Anandkumar For Respondents : Mr.S.Karthik Standing Counsel O R D E R The petitioner in Arbitration O.P.No.189 of 2021 on the file of the I Additional District Court, Madurai, has filed the present Civil Revision Petition seeking expeditious disposal of E.P.No.13 of 2023. 2. The revision petitioner herein had approached the MSME Council, Coimbatore Region, raising a dispute as against the respondent Railways. The claim of the revision petitioner was partly allowed by MSME Council on 10.12.2020. Challenging the disallowed portion, the revision petitioner has filed Arbitration O.P.No.189 of 2021 and challenging the allowed portion, the railways have filed Arbitration O.P.No.230 of 2021 before the Principal District Court, Madurai. Both the Arbitration Petitions were heard together. The Arbitration Original Petition filed by the revision petitioner was allowed and the Arbitration Original Petition filed by the railways was dismissed by 2/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.554 of 2025 the learned Principal District Judge, Madurai. Challenging the same, the Railways had preferred C.M.A.(MD)Nos.855 and 856 of 2023. The Hon'ble Division Bench of this Court has dismissed both the appeals on 31.01.2024 confirming the order of the learned Principal District Judge, Madurai. 3. The revision petitioner herein has preferred E.P.No.13 of 2023 to execute the award. Since there is no Presiding Officer, the execution petition has not been taken up for hearing and there is a delay. Hence, the present Civil Revision Petition has been filed seeking expeditious disposal of the execution petition. 4. According to the learned Senior Counsel appearing for the revision petitioner, the respondent railways have admitted the claim of the revision petitioner to an extent of Rs.53,44,844/- and the said amount may be permitted to be withdrawn by the revision petitioner, pending execution proceedings. 5. However, the learned Standing Counsel appearing for the respondent Railways objected to the said request. He further contended that since the 3/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.554 of 2025 execution petition is pending, the District Court may be directed the expeditious disposal of the execution proceedings. 6. Considering the above said facts, this Court is of the view that the award of MSME Council has been confirmed by the Court in C.M.A.(MD) Nos. 855 and 856 of 2023 by an order dated 31.01.2024. So far, it has not been challenged by the Railways. In such circumstances, this Court is inclined to pass the following orders: a. Pending execution proceedings in E.P.No.13 of 2023, the revision petitioner shall be permitted to withdraw a sum of Rs.53,44,844/- which has been deposited in A.R.O.P.No.80 of 2015 on the file of the Principal District Court, Madurai; b. The balance amount shall be refunded to the respondent railways; and c. The refund of the balance amount to the railways shall be subject to the result of E.P.No.13 of 2023. d. The Execution Petition in E.P.No.13 of 2023 shall be disposed of on or before 31.10.2025. 4/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.554 of 2025 7. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 03.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The I Additional District Court, Madurai. 2. The Principal District Court, Madurai. 3. The Deputy Chief Engineer, Gauge Conversion/ Southern Railway, Arasarai, Madurai – 636 014. 4. The Chief Engineer (South) Construction / Southern Railway, Egmore, Chennai – 600 008. 5. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.554 of 2025 R.VIJAYAKUMAR,J. ebsi C.R.P(PD)(MD)No.554 of 2025 03.03.2025 6/6 https://www.mhc.tn.gov.in/judis