Madras High Court
M/S.Hajee A.P Bava Infra Private ... vs Lnv Technology Pvt. Ltd on 3 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. No.359 of 2020 etc.
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 03.01.2025
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.S.Nos.359 and 362 of 2020
and
C.S.(Comm.Div.) Nos.147 and 149 of 2022
M/s.Hajee A.P Bava Infra Private Limited,
Bangalore. ...Plaintiff in C.S.Nos.359 and 362/2020
.. Defendant in C.S.Nos.147 & 149/22
-VS-
LNV Technology Pvt. Ltd. ...Defendant in C.S.Nos.359 & 362/2020
... Plaintiff in C.S.Nos.147 & 149/22
Prayer in C.S.No.359/2020:- This suit is filed under Order IV Rule 1 of
the Madras High Court Original Side Rules, 1956, read with Order VII
Rule I CPC seeking;
a) to declare that the invocation of the Bank Guarantee IBG106025 with
Federal Bank dated 07.03.2020 and extended on 25.06.2020 by the
Defendant on 12.08.2020 is illegal and arbitrary and consequently the
Defendant is liable to return a sum of Rs.80,00,000/- being the amount of
Bank Guarantee to the Plaintiff;
b) to direct the Defendant to pay a sum of Rs. 1,48,99,106/- (Rupees One
Crore Forty-Eight Lakh Ninety-Nine Thousand, One Hundred and Six
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C.S. No.359 of 2020 etc.
only) to the Plaintiff towards idle charges for the period between
22.03.2020 till 03.05.2020;
c) to direct the Defendant to pay a sum of Rs.30,45,580/-. (Rupees Thirty
Lakh Forty-Five Thousand Five Hundred and Eighty only) to the
Plaintiff towards idle charges for the period between 28.08.2020 till
29.09.2020;
d) mandatory Injunction directing the Defendant to release the machinery
and equipments belonging to the Plaintiff, enumerated in Annexure-I to
this Plaint;
e) to direct the Defendant to pay a sum of Rs. 1,01,62,622/- (Rupees one
crore one sixty two thousand six hundred and twenty two only) towards
loss of profit suffered by the Plaintiff owing to the unlawful and
unilateral termination of the Contract by the Respondent;
f) permanent injunction restraining the Defendant by themselves, their
directors, partners, men, servants, agents, associates, officers,
representatives, and/or all other persons acting on their behalf from in
any manner making use of the machinery and equipments belonging to
the Plaintiff, enumerated in Annexure-I to this Plaint and;
g) to direct the Defendant to pay simple interest at the rate of 18% on the
prayers from (a) to (g) from the date the said sums became due till the
date of its actual payment; and
h) to award costs in favour of the Plaintiff and against the Defendant.
Prayer in C.S.No.362/2020:- This suit is filed under Order IV Rule 1 of
the Madras High Court Original Side Rules, 1956, read with Order VII
Rule I CPC seeking;
a) to declare that the invocation of the Bank Guarantee IBG103833 dated
23.12.2019 and extended on 23.06.2020 by the Defendant on 12.08.2020
is illegal and arbitrary and consequently the Defendant is liable to return
a sum of Rs.63,93,790/- being the amount of Bank Guarantee to the
Plaintiff;
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C.S. No.359 of 2020 etc.
b) to direct the Defendant to pay a sum of Rs.57,31,572/- to the Plaintiff,
being the idle costs incurred by the Plaintiff between the period
22.03.2020 till 14.04.2020;
c) to direct the Defendant to pay a sum of Rs. 54,92,756/- to the Plaintiff,
being the idle costs incurred by the Plaintiff between the period
15.04.2020 till 07.05.2020;
d) to direct the Defendant to pay a sum of Rs. 79,466/- to the Plaintiff,
being the idle costs incurred by the Plaintiff between the period
29.08.2020 till 30.09.2020;
e) mandatory Injunction directing the Defendant to release the machinery
and equipments belonging to the Plaintiff, enumerated in Annexure-I to
this Plaint;
f) to direct the Defendant to pay a sum of Rs. 13,12,423/- towards the
R.A Bills raised by the Plaintiff;
g) to direct the Defendant to pay a sum of Rs. 30,80,528/- towards loss of
profit suffered by the Plaintiff owing to the unlawful and unilateral
termination of the Contract by the Respondent;
h) permanent injunction restraining the Defendant by themselves, their
directors, partners, men, servants, agents, associates, officers,
representatives, and/or all other persons acting on their behalf from in
any manner making use of the machinery and equipment's belonging to
the Plaintiff, enumerated in Annexure-1 to this Plaint;
i) to direct the Defendant to pay simple interest at the rate of 18% on the
prayers from (a) to (h) from the date the said sums became due till the
date of its actual payment; and
j) award costs in favour of the Plaintiff and against the Defendant.
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C.S. No.359 of 2020 etc.
Prayer in C.S.(Comm.Div.)No.147/2022:- This suit is filed under Order
IV Rule 1 of the Madras High Court Original Side Rules, 1956, read with
Order VII Rule I CPC seeking;
a) to direct the defendant to pay a sum of Rs.1,97,84,763/- as being the
excess amount paid by the plaintiff to the defendant amounting to
Rs.1,18,41,287/- together with interest @18% p.a. for one year along
with future interest at the rate of 18% p.a from the date of suit till the
payment is made by the defendants collectively and severally.
b) To direct the defendant to pay a sum of Rs.31,96,895/- towards
Liquidated damages at the rate of 5% of the contract value for the
damages caused to the Plaintiff along with interest at the rate of 18% per
annum of Rs.31,96,895/- from the date of this suit till the date of
realisation; and
c) To direct the defendant to pay a sum of Rs 31,96,895/- towards breach
of contract at the rate of 5% of the contract value for the damages caused
to the Plaintiff along with interest at the rate of 18% per annum of
Rs.31,96,895/-from the date of this suit till the date of realisation.
Prayer in C.S.(Comm.Div.)No.149/2022:- This suit is filed under Order
IV Rule 1 of the Madras High Court Original Side Rules, 1956, read with
Order VII Rule I CPC seeking;
a) to direct the defendant to pay a sum of Rs. 1,18,03,105/- towards
Liquidated damages @ 5% of the contract value along with future
interest @ 18% per annum from the date of suit till the date of
realisation; and
b) to direct the defendant to pay a sum of Rs. 1,18,03,105/- @ 5% on the
contract value towards damages caused to the defendant due to breach of
contract along with future interest @ 18% per annum from the date of
suit till the date of realisation.
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C.S. No.359 of 2020 etc.
For Plaintiff
(M/s.Hajee A.P Bava Infra Private Limited)
: Ms.Ramya Subramaniam
For Defendant
(LNV Technology Pvt. Ltd.) : Mr.U.Karunakaran
COMMON JUDGMENT
The learned counsels for the respective plaintiffs in the aforesaid
suits submit that the suits have been settled out of Court and they have
also made an endorsement to that effect in the court bundle. Recording
the said endorsement, the suits are dismissed as settled out of Court.
Registry is directed to refund full Court fees to the respective plaintiffs in
the aforesaid suits. No Costs.
03.01.2025
rkm
https://www.mhc.tn.gov.in/judis
C.S. No.359 of 2020 etc.
ABDUL QUDDHOSE,J.
rkm
C.S.Nos.359 and 362 of 2020
and
of 2022
03.01.2025
https://www.mhc.tn.gov.in/judis
