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2021 Supreme(Mad) 1392

G.JAYACHANDRAN
M. Mohan, Proprietor, Sivasakthi Corporation – Appellant
Versus
Tamil Nadu Co-Operative Union – Respondent


Advocates:
Advocate Appeared:
K.V. Ananthakrishnan, R. Bala Ramesh.

JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Plaint has been filed under Order IV, Rule 1 of Original Side Rules read with Order VII, Rule 1of C.P.C. praying to pass a judgment and decree in favour of the plaintiff: (a) directing the defendant to pay the plaintiff a sum of Rs. 2,57,91,638/- (Rupees Two Crores Fifty Seven Lakhs Ninety One Thousand and Six Hundred Thirty Eight only) with interest 18% p.a. Principal Rs. 2,57,91,638/- from this date till date of realization and (b) to pay cost of the suit.

Application has been filed under XIV, Rule 8 of O.S. Rules read with Order VII, Rule 11 of C.P.C. praying to reject the plaint in C.S. No. 72 of 2020 on the file of the High Court of Madras as barred by law.

1. Suit is filed for recovery of Rs. 2,57,91,638/- with interest at the rate of 18% from the date of suit till date of payment.

2. The suit laid on the foundational fact that, the plaintiff is a dealer in scraps, spares, tools and instruments in computer components and accessories. He supplied machineries and equipments to 9 Industrial Training Institutes (ITI) run by the defendant for a sum of Rs. 4,97,14,956/- during the year 2012. The defendant paid only a sum of Rs. 2,39,23,318/- and fa

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