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2009 Supreme(Mad) 428

D.MURUGESAN, M.SATHYANARAYANAN
SICAL Logistics Limited, (formerly known as South India Corporation (Agencies) Limited) – Appellant
Versus
Marg Constructions Limited, rep. by its Managing Director, Mr. GRK Reddy & Others – Respondent


Advocates Appeared:
For the Appellant :AR.L. Sundaresan SC for Mrs. AL. Ganthimathi, Advocate.
For the Respondents:R1, T.R. Rajagopalan SC for S. Raghunathan, Satish Prasaran, Advocates.

Judgment :-

D. Murugesan, J.

The appellant M/s. SICAL Logistics Limited (hereinafter referred to as "SICAL") is the first defendant in C.S.No.811 of 20o4 and the first respondent M/s. Marg Constructions Limited (hereinafter referred to as "Marg Constructions Limited") is the plaintiff in the suit.

2. M/s. Marg Constructions Limited is a company registered under the Indian Companies Act. SICAL and Marg Constructions Limited entered into two sale agreements dated 27.07.2004 and 02.08.2004 in respect of A & B Plaint Schedule properties. The total extent of the land covered under the agreements is 46.915 Acres situate at Sholinganallur Village. The sale consideration was Rs.19,00,000/- (Rupees Nineteen Lakhs only) per acre. Pursuant to the sale agreements, a sum of Rs.2.00 Crores was paid as advance in the form of Fixed Deposit, drawn on State Bank of India, Bazullah Road Branch, T.Nagar and the Fixed Deposit Receipt was handed over to Mr. P.B. Ramanujam, learned counsel for Marg Constructions Limited. Though Marg Constructions Limited expressed their willingness to complete the sale, SICAL failed to perform their part of contract. Hence, Marg Constructions Limited approached this Court





















































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