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2019 Supreme(Mad) 2504

PUSHPA SATHYANARAYANA
Tamil Nadu Generation and Distribution Corporation Limited – Appellant
Versus
Karam Chand Thapar – Respondent


JUDGMENT :

PUSHPA SATHYANARAYANA, J.

1. The defendants instituted this application seeking permission to file an additional written statement, which will have a bearing in the disposal of the suit.

2. The suit was filed by the respondent/plaintiff for recovery of money on various heads, including the liquidated damages, differential escalation between frozen indices, the extra expenditure incurred, final bill amount, etc.

3. The second applicant/second defendant has filed the written statement on behalf of the other applicants/first, third and fourth defendants in August, 2012. The said written statement itself was filed with a delay and the same was condoned by this Court, upon which, the written statement was taken on file on 18.09.2013. Thereafter, the matter was referred to mediation in vain and later issues were framed on 20.11.2015 and the parties were sent for trial.

4. The trial commenced by filing proof affidavit of the respondent/plaintiff on 02.02.2017, wherein, 142 documents were marked and it was posted for cross-examination of PW-1 by the applicants/defendants. The trial itself was said to be time-bound. As the time schedule could not be kept up, an extension was granted b

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