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2022 Supreme(Mad) 1053

SENTHILKUMAR RAMAMOORTHY
Textainer Equipment Management Limited – Appellant
Versus
Caravel Logistics Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr.Ravikumar Paul, Senior Advocate for M/s.AAV Partners, Advocates
For the Respondent:Mr.P.S.Raman, Senior Advocate for Ms.Abitha Banu, Advocate

JUDGMENT :

The plaintiff and the first defendant entered into a Master Lease Agreement dated 01.09.2005. As an integral part thereof, Lease Schedule Number AFRM5054 was executed. On 01.08.2010, another Lease Agreement and Lease Schedule Number AFRS0601 were executed. Lease Schedule Number AFRS0601 expressly provided that the containers subject to the said lease shall be manufactured in the year 2000 or earlier and further provided for the transfer of all containers leased under Lease Schedule Number AFRM5054 to the subsequent lease schedule if manufactured in the year 2000 or earlier. Containers manufactured in the year 2000 or earlier are referred to in this judgment as old containers. Thereafter, Lease Schedule Number AFRP5076, which corresponds to Lease Agreement dated 01.10.2011, was entered into between the plaintiff and the first defendant on 01.08.2010 for supply of containers manufactured in the year 2011. Such containers are referred to in this judgment as new containers. A dispute arose between the parties in relation to the alleged non-payment of invoices relating to both old and new containers under the above mentioned agreements. The present suit was instituted in respe

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