The State Of Tamil Nadu vs M/S. Hi-Tech Engineering And ...
2023 Latest Caselaw 9924 Mad

                                                                              A.S.No. 131 of 2019




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 08.08.2023

                                                      CORAM

                              THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                                A.S. No.131 of 2019

                     1. The State of Tamil Nadu,
                        represented by its Secretary,
                        Department of Rural Development
                         and Local Administration,
                        Fort St. George, Chennai-600 009.

                     2. The District Collector/Chairman,
                        R.G.R.P.Housing Projects,
                        D.R.D.A. Office,
                        Beach Road, Cuddalore.                                  ... Appellants

                                                           Vs

                     M/s. Hi-tech Engineering and Constructions,
                     S-10, Sidco Industrial Estate,
                     Semmandalam, Cuddalore,
                     by its Managing Partner S.V.Rajan                          .. Respondent

                     Prayer :- This First Appeal has been filed under Section 96 read with Order

                     41 Rule 1 of C.P.C., against the judgment and decree dated 30.10.2017 on

                     the file of the 1st Addl. District and Sessions Court at Cuddalore in

                     O.S.No.135 of 2013.


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                                                                                  A.S.No. 131 of 2019

                                  For Appellants               : Mr.T.Sampathkumar
                                                                 Govt. Advocate

                                  For Respondent               : Mr.S.Parthasarathy

                                                      JUDGEMENT

The appellants herein are the defendants in the suit in O.S.No.135

of 2013, which was filed by the plaintiff seeking for the relief of declaration

declaring the order passed by the 2nd defendant cancelling the contract as

null and void and consequently directing them to pay a sum of

Rs.23,99,242/- to the plaintiff. On hearing both sides, the trial court partly

decreed the suit and directed the 2nd defendant to deposit a sum of

Rs.23,99,247/- along with interest at the rate of 12% per annum.

Challenging the said findings, the appellants have preferred the present

appeal.

2. Today, when the matter taken up for hearing, the learned

counsel for the Appellant appeared and submitted that during pendency of

appeal, the entire amount was deposited before the trial court and out of

which, 50% of award amount was withdrawn by the respondent/claimant by

filing E.P.No.1 of 2018. Before the trial court, there is no documentary

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proof to disprove the claim of defendants, however, they are having valid

defence to prove their case. Now, the respondent agrees to receive the

balance 50% of the amount as full and final settlement and to that effect, a

memo was filed by the respondent/plaintiff. Recording the memo, this

Appeal Suit is disposed of. The respondent/plaintiff is permitted to

withdraw balance amount with accrued interest. No costs.

08.08.2023

Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp

To

I Addl. District and Sessions Judge, Cuddalore.

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T.V. THAMILSELVI, J.

rpp

A.S. No.131 of 2019

08.08.2023

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