Ms RS Development and Construction India Pvt Ltd v. Anitech Infra
A/2948/2026 · 2026-07-16
K Kumaresh Babu
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 52145 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52145 (MAD) · dailylaw.ai ]
Judgment text
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A No. 2948 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE K.KUMARESH BABU A No. 2948 of 2026 in Arb O.P(Comm.Div)DR.No.101411 of 2026 M/s RS Development and Construction India Pvt Ltd Rep.by its Managing Director, No.131/1, APT Road, Erode-638 003. ..Applicant(s) Vs M/s.Anitech Infra, A Partnership firm, Rep.by its Managing Partner, T.Gagarin, A-10, RAMS Apartments, 21, Dr.Raja Annamalai Road, Purasawakkam, Chennai - 600084. ..Respondent(s) Judges Summons filed under Order XIV Rule 8 of O.S. Rules, read with Section 151 of C.P.C., praying to grant leave to the petitioner to deposit 75% of the award amount of Rs.7,85,33,034/- amounting to Rs.5,88,99,776 in 3 installments. For Applicant(s): Mr.S.Ramesh https://www.mhc.tn.gov.in/judis
A No. 2948 of 2026 __________ Page2 of 4 ORDER The present application has been filed to grant leave to the petitioner to deposit 75% of the award amount of Rs.7,85,33,034/- amounting to Rs.5,88,99,776 in three installments.
2. Heard Mr.S.Ramesh, learned counsel for the applicant.
3. The Hon’ble Apex Court in the case of Tirupati Steel V. Shubh Industrial Component, reported in (2022) 7 SCC 429, has dealt with the issues and had held that the pre-deposit of 75% of the amount awarded under Section 19 is a mandatory requirement and the Appellate Court, considering the hardship that has been caused to the appellant, may allow such pre-deposit to be made in instalments. The applicant who had filed the Section 34 petition within time has also placed the fixed deposits towards 75% of the award amount.
4. In view of the same, this application is ordered as prayed for. As a corollary, Registrar General, High Court, Madras shall receive the Fixed Deposit receipts bearing the respective dates and invest the same in an interest bearing deposit with the Indian Bank High Court Branch, Madras. 16-07-2026 Speaking/Non-speaking order Neutral Citation: Yes/No kak https://www.mhc.tn.gov.in/judis
A No. 2948 of 2026 __________ Page3 of 4 Copy to The Registrar General, High Court, Madras. https://www.mhc.tn.gov.in/judis
A No. 2948 of 2026 __________ Page4 of 4 K.KUMARESH BABU, J. kak A No. 2948 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis