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2011 Supreme(Mad) 4740

R.BANUMATHI, R.MALA
C. S. S. Corp Private Limited – Appellant
Versus
Space Matrix Design Consultants Private Limited – Respondent


Advocates Appeared:
For the Appellant:P.S. Raman, Senior Counsel for Ms. Hema Srinivasan, Advocate.
For the Respondent:Vijay Narayan, Senior Counsel for M/s. Poovayya & Co, Advocates.

Judgment :-

R.BANUMATHI,J

1. This appeal arises out of the order in A.No.2661 of 2011 [19.09.2011] directing the Appellant to furnish security for a sum of Rs.4,56,22,368/-.

2. Respondent is a Private Limited Company engaged in the business of providing interior design, project management and architectural consultancy services to its customers in India. Respondent had agreed to undertake interior works for Appellant as a contractor for the premises on the ground floor, 9th and 10th floors located at AMBIT IT PARK, Ambattur, Chennai. In this connection, Respondent had executed an agreement with the Appellant on 03.03.2010 detailing the terms of engagement, including the conditions for payment of the consideration. The project involved Interior Fit-outs, Finishes, MEP, Network and Allied Civil Works of the Project Site. Agreement dated 03.03.2010 states that it is a "Design and Build". Case of Respondent is that it was a "lump sum" agreement for consideration of Rs.13,10,97,371/-. Further case of Respondent is that the total agreed value for the services rendered under the said agreement is Rs.13,98,82,821/-. Out of the said amount, an amount of Rs.4,56,22,368/-is outstanding in res































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