M/S.Hubert Enviro Care Systems ... vs M/S.Daiki Axis India Private ...
2022 Latest Caselaw 9819 Mad

Citation : 2022 Latest Caselaw 9819 Mad
Judgement Date : 10 June, 2022

Madras High Court

M/S.Hubert Enviro Care Systems ... vs M/S.Daiki Axis India Private ... on 10 June, 2022

C.S.(Comm. Div.) No.32 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.06.2022

Coram:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

C.S.(Comm. Div) No.127 of 2021 &
A. No.4885 of 2021

M/s.Hubert Enviro Care Systems Pvt. Ltd.
Rep. By its Managing Director,
having office at
No.A21, III Phase,
TVK Industrial Estate,
Guindy, Chennai-600 032. .. Plaintiff

Vs.

1. M/s.Daiki Axis India Private Limited,
having its Office at 701, The Capital,
Bandra Kurla Complex,
Mumbai 400 051.

2. M/s.Daiki Axis Company Limited,
having its office at 1-9-1, Misawa,
Matsuyama-shi,
Ehime, 791-8022,
Japan. .. Defendants

This Civil Suit has been filed under Order VII Rule 1 of CPC 1908 read with
Order IV Rule 1 of the Original Side Rules of Madras High Court read with
Section 2(1)(C)(II) and 7 (1st proviso) of the Commercial Courts/Commercial

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C.S.(Comm. Div.) No.32 of 2022

Division and Commercial Appellate Division of High Court Act 4 of 2016,
prays for a judgment and decree against the defendants (a) directing the
defendants to pay a sum of Rs.14,90,000/- (Rupees Fourteen Lakhs and Ninety
Thousand only) spent by plaintiff towards repairing the defective
materials/products delivered by the defendants together with interest at the rate
of 18% p.a. from the date of this suit till the date of realization of the above
principal amount; (b) directing the defendants to pay a sum of Rs.25,00,000/-
(Rupees twenty five lakhs only) for retaining the remaining defective/sub-
standard plants delivered by the defendants together with interest at the rate of
18% p.a. From the date of this suit till the date of realization of the above
principal amount; and (c) directing the defendants to pay a sum of
Rs.1,00,00,000/- (Rupees one crore only) towards the damage of plaintiff brand
image and reputation, mental agony and other indirect losses arising due to the
false claims and substandard products supplied by the defendants together with
interest at the rate of 18% p.a. from the date of this suit till the date of
realization of the above damage amount and (d) to award costs of the suit.
For Plaintiff : Mr.A.Saravanan
For Defendants : Mr.Jayesh B.Dolia for
M/s.Aiyar and Dolia

JUDGMENT

The matter was referred to the Mediation Centre annexed this

Court by order dated 14.03.2022. Pursuant thereto, the parties have entered into

a Joint Memorandum of Compromise dated 12.04.2022. On perusal thereof,

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the said Joint Memorandum of Compromise was duly signed by the plaintiff

and each of the defendants. On examining the terms of compromise, there is no

legal impediment to the issuance of a decree in terms thereof.

2. Accordingly, C.S. (Comm. Div.) No.127 of 2021 is decreed in terms

of the Memorandum of Compromise dated 12.04.2022, which shall form an

integral part thereof. In view of the settlement between the parties, there will