M.M.SUNDRESH, R.BANUMATHI
Astral Cables Limited, Delhi – Appellant
Versus
National Small Industries Corporation Limited, rep. by its Chairman cum Managing Director Chennai – Respondent
R. BANUMATHI, J
1. These appeals arise out of common order dated 18.2.2010, whereby the learned single Judge allowed the application - O.A.No.372 of 2005 filed by the 1st respondent under Order XIV Rule 8 of Original Side Rules read with Order 7 Rule 11 C.P.C. rejecting the plaint insofar as the 2nd defendant is concerned. Consequentially the learned single Judge dismissed the applications against defendant No.2 and vacated the interim injunction granted in so far as the 2nd defendant.
2. The facts are not in dispute. The appellant/plaintiff is a limited Company having its registered office at Delhi and supplying cables to the Electricity Boards. The 1st respondent - National Small Industries Corporation (in short, "NSIC") is a Government Company incorporated under the Companies Act having its registered Office at NSIC Bhawan, near Okhla Industrial Estate, New Delhi. The 2nd respondent - Tamil Nadu Electricity Board (in short, "TNEB") placed three purchase orders on the appellant/plaintiff Company - (i) P.O.No.49, dated 10.6.1999, (ii) P.O.No.125 dated 30.10.1999 and (iii) P.O.No.186 dated 27.3.2000. The subject matter in dispute in C.S.No.309 of 2005 is in respect of pur
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