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2018 Supreme(Mad) 1366

M.SUNDAR
Tidel Park Limited – Appellant
Versus
Arkay Energy (Rameswarm) Limited – Respondent


Advocates Appeared:
For the Applicant : Mr. Narendran.
For the Respondent: Mr. Anirudh Krishnan.

ORDER :

1. Sole plaintiff in the main suit is the lone applicant herein. Defendants 1 and 2 in the main suit are the respondents 1 and 2 respectively in this application. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

2. Prayer paragraph in the main suit does not contain a paragraph number, but it has eight sub-paragraphs i.e. "a" to "h". I deem it appropriate to extract the prayer paragraph in the main suit. The same reads as follows:

(a) Declaring that the first defendant has defaulted to supply the contracted demand of power and that they are therefore liable to pay the difference in rate between Arkay Energy billing and TNEB Tariff (Discount) amounting to Rs. 4,85,32,773/- [as in paragraph 26(a) (b)] for quantity of power not supplied under the Power Supply Agreement dated 10.11.2005 and consequently.

(b) Directing the first defendant to pay interest pendente lite on the sum of Rs. 4,85,32,773/- in terms of paragraph 26 (a+b) above.

(c) Directing the first defendant to pay interest pendente lite on





























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