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2018 Supreme(Mad) 4471

M.SUNDAR
Tamun Impex Company Private Limited – Appellant
Versus
Ozone Projects Private Limited – Respondent


Advocates:
Advocate Appeared:
Raja Kalifulla, P.V. Balasubramaniam.

JUDGMENT :

M. SUNDAR, J.

1. There is a sole plaintiff and a sole defendant in the instant suit.

2. Factual matrix of the suit can be set out in a nutshell as facts are simple and not voluminous. In very simple terms, this suit pertains to supply of Unplasticized Polyvinyl Chloride (UPVC) windows and doors by plaintiff to defendant. The UPVC windows and doors shall hereinafter be referred to as "suit products" for the sake of convenience and clarity.

3. Defendant is in the industry of property development and real estate. Defendant embarked upon a project of developing a mixed use Township in the name and style "The Metrozone" in Chennai, which shall hereinafter be referred to as suit project for the sake of brevity. The suit project involved construction of 29 towers consisting of residential apartments. At the time of inception of the suit, 24 towers were approved and five towers were in the proposal stage. Defendant issued a notice inviting tenders dated 04.01.2012 for supply of suit products for three basements and 29 residential towers. It is submitted that each tower consists of ground + 16 appurtenant structures. It is not in dispute that plaintiff responded to the aforesaid noti

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