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M/S.Lakshmi Mills Company Ltd vs Dohnavur Fellowship
2022 Latest Caselaw 9199 Mad

Citation : 2022 Latest Caselaw 9199 Mad
Judgement Date : 29 April, 2022

Madras High Court
M/S.Lakshmi Mills Company Ltd vs Dohnavur Fellowship on 29 April, 2022
                                                          1        S.A.(MD)No.421 OF 2013

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED: 29.04.2022

                                                  CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                       S.A.(MD)No.421 of 2013 and
                                         S.A.(MD)No.491 of 2019

                     S.A.(MD)No.421 of 2013
                     M/s.Lakshmi Mills Company Ltd.,
                     Rep. By Secretary Shri.Kandasamy,
                     Having their office at 348, Avinasi Road,
                     Coimbatore.                 ... Appellant / 1st Respondent /
                                                        Plaintiff
                                                    Vs.
                     1. Dohnavur Fellowship, A Regd. Society,
                        which has Head Office at Dohnavur,
                        rep. through its Secretary of Fellowship by name
                        A.R.David Rajamanian,
                       S/o.Rajappan, having his office at Dohnavur Fellowship,
                       Dohnavur.               ... 1st Respondent / 1st Appellant /
                                                       1st Defendant

                     2. Prakash Industries Ltd., New Delhi,
                        having their registered office at
                       15k.m. Stone Delhi Road,
                       Hisar 1250025, Rep. by its Manager,
                       having his office at Kumarapuram Road,
                       Aralvoimozhi, Kanyakumari District.
                                               ... 2nd Respondent / 2nd Respondent /
                                                       2nd Defendant

                     3. The Chief Engineer,
                        Non-Conventional Source of Energy Source,
                        T.N.E.B., N.P.K.R.Maligai, Electricity Board Avenue,
                        800, Anna Salai,
                        Chennai – 600 002.     ... 3rd Respondent / 3rd Respondent /
                                                         3rd Defendant

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                                                            2      S.A.(MD)No.421 OF 2013

                     4. The Special Officer, Wind Farm,
                        Development Cell,
                        T.N.E.B., Puthoor,
                        Madurai – 625 007.
                                               ... 4th Respondent / 4th Respondent /
                                                         4th Defendant

                     5. The Executive Engineer, Sub Station Erection,
                        Wind Division, T.N.E.B. Maharaja Nagar,
                        Thirunelveli – 627 011. ... 5th Respondent / 5th Respondent /
                                                          5th Defendant


                                  Prayer: Second appeal filed under Section 100 of

                     C.P.C., against the Judgment and Decree dated 11.12.2007 in

                     A.S.No.109 of 2004 on the file of the Principal Subordinate

                     Judge, Nagercoil, setting aside the Judgment and Decree

                     dated 23.01.2004 made in O.S.No.777 of 1995 on the file of

                     the II Additional District Munsif, Nagercoil.

                                  For Appellant    : Mr.H.Thayumanaswamy

                                  For R-2          : Mr.R.Rajasekaran

                                  For R-1          : Mr.D.Saravanan

                                  For R-3 to R-5   : Mr.B.Ramanathan

                                                     ***
                     S.A.(MD)No.491 of 2019

                     M/s.Lakshmi Mills Company Ltd.,
                     Rep. By its Secretary,
                     Having their office at 348, Avinasi Road,
                     Coimbatore.                 ... Appellant / 1st Respondent /
                                                        1st Respondent
                                                      Vs.
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                     2/6
                                                         3        S.A.(MD)No.421 OF 2013

                     1. Dohnavur Fellowship, A Regd. Society,
                        which has Head Office at Dohnavur,
                        rep. through its Secretary of Fellowship by name
                        A.R.David Rajamanian,
                        S/o.Rajappan, having his office at Dohnavur Fellowship,
                        Dohnavur.              ... 1st Respondent / Appellant /
                                                       Plaintiff

                     2. The Chief Engineer,
                        Non-Conventional Source of Energy Cell,
                        T.N.E.B., 880, Annasalai,
                        Chennai – 600 002.     ... 2nd Respondent / 2nd Respondent /
                                                       2nd Defendant

                     3. The Special Officer,
                        Wind Energy, Development Cell,
                        T.N.E.B., Madurai – 625 007.
                                              ... 3rd Respondent / 3rd Respondent /
                                                       3rd Defendant


                     4. The Executive Engineer, Wind Farm
                        Maharaja Nagar, Tamil Nadu Electricity Board,
                        Thirunelveli – 627 011.
                                                ... 4th Respondent / 4th Respondent /
                                                          4th Defendant

                                  Prayer: Second appeal filed under Section 100 of

                     C.P.C., against the Judgment and Decree dated 11.12.2007 in

                     A.S.No.108 of 2004 on the file of the Principal Subordinate

                     Judge, Nagercoil, setting aside the Judgment and Decree

                     dated 23.01.2004 made in O.S.No.181 of 1996 on the file of

                     the II Additional District Munsif, Nagercoil.




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                                                              4         S.A.(MD)No.421 OF 2013

                                  For Appellant     : Mr.H.Thayumanaswamy

                                  For R-2 to R-4    : Mr.B.Ramanathan

                                  For R-1           : Mr.D.Saravanan


                                                       ***


                                        COMMON JUDGMENT



                                  The   learned    counsel   has    circulated   letters   for

                     withdrawing both the second appeals.



                                  2. These second appeals are dismissed as withdrawn.

                     No costs.



                                                                              29.04.2022

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

                     Note: In view of the present lock down owing to
                     COVID-19 pandemic, a web copy of the order may be
                     utilized for official purposes, but, ensuring that the
                     copy of the order that is presented is the correct
                     copy,    shall    be    the  responsibility   of   the
                     advocate/litigant concerned.




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                                                          5     S.A.(MD)No.421 OF 2013




                     To:

                     1. Dohnavur Fellowship, A Regd. Society,
                        which has Head Office at Dohnavur,
                        rep. through its Secretary of Fellowship by name
                        A.R.David Rajamanian,
                       S/o.Rajappan, having his office at Dohnavur Fellowship,
                       Dohnavur.

                     2. Prakash Industries Ltd., New Delhi,
                        having their registered office at
                       15k.m. Stone Delhi Road,
                       Hisar 1250025, Rep. by its Manager,
                       having his office at Kumarapuram Road,
                       Aralvoimozhi, Kanyakumari District.

                     3. The Chief Engineer,
                        Non-Conventional Source of Energy Source,
                        T.N.E.B., N.P.K.R.Maligai, Electricity Board Avenue,
                        800, Anna Salai,
                        Chennai – 600 002.

                     4. The Special Officer, Wind Farm,
                        Development Cell,
                        T.N.E.B., Puthoor,
                        Madurai – 625 007.

                     5. The Record Keeper, V.R.Section,
                        Madurai Bench of Madras High Court,
                        Madurai.




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                     5/6
                                             6       S.A.(MD)No.421 OF 2013




                                                 G.R.SWAMINATHAN,J.

PMU

S.A.(MD)Nos. 421 of 2013 & 491 of 2009

29.04.2022

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis

 
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