Madras High Court
Nandha Energy Limited vs Yajur Commodities Limited on 1 August, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
Civil Suit (Comm.Div.) No.420 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2024
CORAM
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN
Civil Suit (Comm.Div.) No. 420 of 2018
and
O.A.No. 604 of 2018
Nandha Energy Limited
Having its registered office at
South India Film Chamber of Commerce
Phase I, III Floor, 605 and 606 TR Sundram Avenue
Thousand Lights, Chennai – 600 006
Rep.by its Authorized Signatory. ... Plaintiff
Vs.
1. Yajur Commodities Limited
(Previously known as Virtuous Urja Limited)
Having office at
25D, Raja Annamalai Chettiar Road
Purasawalkam, Chennai – 600 084.
2. Clenergen India Private Limited
(Company under Liquidation)
Represented by the Official Liquidator
Office of The Official Liquidator
High Court, Madras
2nd Floor Corporate Bhawan
No.29, Rajaji Salai, Chennai – 600 001.
3. Harshavardhan Agarwal
1/5
https://www.mhc.tn.gov.in/judis
Civil Suit (Comm.Div.) No.420 of 2018
Director
Yajur Commodities Limited
25D, Raja Annamalai Chettiar Road
Purasawalkam, Chennai – 600 084.
4. K.V.Srinivasan
Yajur Commodities Limited
25D, Raja Annamalai Chettiar Road
Purasawalkam, Chennai – 600 084.
5. Kailash Chandra Agarwal
Director
Yajur Commodities Limited
25D, Raja Annamalai Chettiar Road
Purasawalkam, Chennai – 600 084. ... Defendants
Prayer:-
Civil Suit has been filed under Order IV, Rule 1 of the Madras High
Court Original Side Rules read with Order VII Rule 1 of Code of Civil
Procedure, 1908 prays for a judgment and decree for :
a) direct the defendant Nos.1, 3, 4 and 5 to pay a sum of
Rs.2,00,00,000/- (Rupees Two Crores only) to the plaintiff as damages
caused by instituting malicious and wrongful proceedings under the
provisions of the Companies Act and continuing the same under the
Insolvency and Bankruptcy Code against the plaintiff ;
b) declare that the plaintiff is not liable to make any payments to
the defendant No.1 for sums due in respect of invoices pertaining to
Purchase Order No.202 dated 23.02.2011 and Purchase Order No.204
2/5
https://www.mhc.tn.gov.in/judis
Civil Suit (Comm.Div.) No.420 of 2018
dated 21.03.2011;
c) Issue an order of permanent injunction restraining defendant
No.1 and its officers/employees/agents and / or those claiming on its
behalf from in any manner claiming sums due in respect of invoices
pertaining to Purchase Order No.202 dated 23.02.2011 and Purchase
Order No.204 dated 21.03.2011 from the plaintiff; and
d) direct the defendant No.1 to pay the costs of the plaintiff.
For Plaintiff : Mr.Rahul Balaji
For Defendants : Mr.M.V.Swaroop
for D1, D3 and D5
Mr.B.Dhanraj for D2
No appearance for D4
JUDGMENT
This Court on 27.06.2024 has passed the following order :
''Since right of filing written statement by defendants
had already been forfeited, the plaintiff is directed to file
the proof affidavit of all the witnesses, if
https://www.mhc.tn.gov.in/judis
Civil Suit (Comm.Div.) No.420 of 2018
any, for recording evidence, along with case management
schedule on or before 31.07.2024.
List the matter on 01.08.2024. ''
2. It is seen that the plaintiff has not complied with order of this
Court dated 27.06.2024. Therefore, this Civil Suit is dismissed for
default. There shall be no order as to costs. Consequently, connected
pending application is closed.
01.08.2024
Index: Yes/No
Speaking Order : Yes/No
Neutral Citation Case : Yes/No
ms
https://www.mhc.tn.gov.in/judis
Civil Suit (Comm.Div.) No.420 of 2018
P.VELMURUGAN, J
ms
C.S.(Comm.Div.) No.420 of 2018
01.08.2024
https://www.mhc.tn.gov.in/judis
