Ind Bharat Power Gencom Ltd vs Trimex Industries Pvt. Ltd
2025 Latest Caselaw 1419 Mad

Madras High Court

Ind Bharat Power Gencom Ltd vs Trimex Industries Pvt. Ltd on 2 January, 2025

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                           OSA(CAD) No.160 of 2024



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.01.2025

                                                      CORAM :

                                      THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
                                                        AND
                                  THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                              O.S.A.(CAD) No.160 of 2024

                     Ind Bharat Power Gencom Ltd.,
                     rep. by its Managing Director,
                     Having its registered office at
                     No.20 Chamiers Road, Nandanam,
                     Chennai-600 035.                                        .. Appellant

                                                          Vs
                     1.Trimex Industries Pvt. Ltd.,
                       rep. by its Vice President – Legal, S.Sudhakaram,
                       Trimex Towers, No.1, Subbaraya Avenue,
                       C P Ramasamy Road, Alwarpet,
                       Chennai – 600 018.

                     2.Tamilnadu Generation and Distribution Corporation Ltd.
                       (TANGEDCO)
                       144, Anna Salai, Chennai-600 002.
                       rep. by its Chairman & Managing Director.           .. Respondents


                     Prayer : Appeal under Section 13 of the Commercial Courts Act read with
                     Clause 15 of the Letters Patent to set aside the portion of the order dated
                     29.4.2024 made in Application No.2557 of 2023 in C.S.No.302 of 2017

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                                                                                  OSA(CAD) No.160 of 2024



                     insofar as the closing of application and allow the said application as
                     prayed for.


                                      For Appellant              : Mr.S.R.Raghunathan
                                                                   for M/s.R.Moneshaa

                                      For Respondents            : Mr.P.Gowthaman
                                                                   for M/s.Revathi Manivannan
                                                                   for respondent No.1

                                                              : No appearance
                                                                for respondent No.2
                                                          JUDGMENT

(Delivered by the Hon'ble Chief Justice)

This appeal impugns an order dated 29.4.2024, by which appellant's

application in A.No.2557 of 2023 was closed.

2. Shri Raghunathan submitted that there is no discussion at all

regarding the application in the impugned order, but it simply states

application closed as a consequence of plaintiff withdrawing the suit.

3. Shri Raghunathan submitted that appellant's application was to

direct the Registrar General to endorse and handover the Fixed Deposit

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Receipt dated 17.11.2022 drawn on Tamil Nadu Power Finance and

Infrastructure Development Corporation Limited, Anna Salai, Nandanam,

Chennai, for a sum of Rs.22,59,48,460/- together with accrued amount

lying to the credit of the suit in C.S.No.302 of 2017 in favour of applicant.

4. During the pendency of the suit that first respondent had filed

against appellant, pursuant to the application that first respondent had filed

to direct second respondent/TANGEDCO to deposit the amount payable to

appellant, TANGEDCO had deposited a sum of Rs.16,66,10,008/- with the

Registry on 11.7.2017.

5. Mr.Gowthaman appears on behalf of first respondent. Second

respondent, which is only a formal party, is not present. Both counsels

appearing for appellant and first respondent state that second respondent

has been discharged of its liabilities upon the deposit of the amount as

noted above.

6. Counsel for first respondent states he has no objection if the relief

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sought by appellant in A.No.2557 of 2023 is granted.

7. Appeal is, accordingly, allowed. The Registry to endorse the Fixed

Deposit Receipt in favour of appellant and handover the same to appellant.

No deductions shall be made. There shall be no order as to costs.

                           (K.R.SHRIRAM, C.J.)                (SENTHILKUMAR RAMAMOORTHY,J.)
                                                     02.01.2025

                     Index :            Yes/No
                     NC :               Yes/No
                     sasi


                     To

                     The Chairman & Managing Director,

Tamilnadu Generation and Distribution Corporation Ltd. (TANGEDCO) 144, Anna Salai, Chennai-600 002.

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THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(sasi)

02.01.2025

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