M/S.Tauras And Tauras (India) ... vs The Union Of India
2022 Latest Caselaw 10742 Mad

                                                                         W.A.No.1803 of 2021



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:   21.06.2022

                                                    CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                       AND
                                        THE HON'BLE MRS.JUSTICE N.MALA
                                              W.A.No.1803 of 2021

                     M/s.Tauras and Tauras (India) Enterprises
                       Private Limited, 16, Zamindar Garden,
                     Puducherry-605 001, Rep. by its Director.           .. Appellant

                                                       vs

                     1. The Union of India,
                        Rep. by Chief Secretary to Government,
                        Government of Puducherry,
                        Puducherry.

                     2. The Excise Commissioner,
                        Government of Puducherry,
                        Puducherry.

                     3. The Puducherry Agro-Products, Food &
                          Civil Supplies Corporation Limited,
                        (A Govt. of Puducherry Undertaking)
                        Agricultural Complex, Tattanchavadi,
                        Puducherry 605 009, Rep. by
                         its Managing Director.                          .. Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 22.02.2021 passed in W.P.No.709 of 2021 on the file of
                     this Court.


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https://www.mhc.tn.gov.in/judis
                                                                              W.A.No.1803 of 2021



                                  For the Appellant     :     Mr.AR.L.Sundaresan,
                                                              Senior Counsel
                                                              for M/s.AL.Gandhimathi

                                  For the Respondents   :     Mr.J.Balamurugane
                                                              Govt. Pleader (Puducherry)
                                                              for RR 1 and 2

                                                        :     Mr.T.P.Manoharan
                                                              Senior Counsel
                                                              for Mr.T.M.Naveen for R-3

                                                            *****

                                                        JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

A memo has been filed by the appellant to offer for the

settlement. The schedule of payment has been given and if the

payment is made as per the schedule given in the memo, then the

appellant would forego the claim of interest at the rate of 14% per

annum. The learned counsel appearing for the respondents, on

instructions, submits that the respondents have agreed to make the

payment as per the schedule given in the memo.

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https://www.mhc.tn.gov.in/judis W.A.No.1803 of 2021

In the light of the aforesaid, nothing would survive in the

appeal and accordingly, the memo is taken on record and the writ

appeal is disposed of with a direction to the respondents to make

the payment as per the schedule given in the memo and as agreed

by them. In case of default, the appellant would be entitled to the

interest at the rate of 14% per annum. It would be expected from

the respondent Corporation and also the State Government to make

arrangements for the payment within the stipulated time so as to

save the burden of interest. Any default in it can be viewed against

the administration which is managing the affair of the Corporation.

No costs.

(M.N.B., CJ.) (N.M., J.) 21.06.2022 Index : Yes/No sra

To:

1. The Chief Secretary to Government, Union of India, Government of Puducherry, Puducherry.

2. The Excise Commissioner, Government of Puducherry, Puducherry.

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https://www.mhc.tn.gov.in/judis W.A.No.1803 of 2021

M.N.Bhandari, CJ.

and N.Mala, J.

(sra)

3. The Managing Director, Puducherry Agro-Products, Food & Civil Supplies Corporation Limited, (A Govt. of Puducherry Undertaking) Agricultural Complex, Tattanchavadi, Puducherry 605 009.

W.A.No.1803 of 2021

21.06.2022

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