2022 Supreme(Online)(Mad) 68282
MADRAS HIGH COURT
N. ANAND VENKATESH, J
M/s.Vaishnovi Infrastruct Engg – Appellant
Versus
M/s.Infra Engineers India – Respondent
CS/646/2015
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 07th DAY OF JANUARY 2022
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
C.S. No.646 of 2015
M/s. Vaishnovi Infrastructure Engineering Private Limited,
Rep. by its Director A.Arulraj
Administrative Office at
No.13, 32nd Cross Street,
Besant Nagar,
Chennai - 600 090.
...Plaintiff
-versus-
1. M/s. Infra Engineers India
Rep. by its Proprietrix
Ms. Vaishnavi
No.5, Nimmo Road,
Santhome, Chennai - 600 004.
2. N.Raghava Reddy,
S/o. N.Balakrishna Reddy,
No.5, Nimmo Road,
Santhome, Chennai - 600 004.
...Defendants
Civil Suit praying that this Hon'ble Court be pleased to pass a
judgment and decree as against the defendants jointly and severally as
under:
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(a) For a Recovery of the sum of Rs.1,28,78,977/- (Rupees One Crore
Twenty Eight Lakhs Seventy Eight Thousand Nine Hundred and Seventy
Seven only) together with interest at 24% per annum from the date of plaint
till the date of realization jointly and severally as against the defendants.
(b) grant such further or other reliefs, and
(c) costs of the suit.
This Suit having been heard on 05.01.2022 in the presence of
Mr.R.Thiagarajan, Advocate for the plaintiff herein and
Mr.S.Santhoshkumar for Mr.S.Jayasankar, Advocates for the Defendants
herein and upon reading the plaint filed herein and the other exhibits therein
referred to and upon perusing the evidence adduced therein and having
stood over for consideration till this date and coming on this day before this
Court for orders in the presence of the said advocates for the Parties hereto
and this Court having observed that the suit is barred by law of limitation,
there is no requirement for this Court to go into the merits of the case and
answer the other issues, it is ordered as follows:-
(i) That the suit in C.S.No.646 of 2015, be and is hereby dismissed.
(ii) That the plaintiff herein, be and is hereby directed to pay a sum of
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Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) as costs to the
defendants herein.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH
BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS
AFORESAID, THIS THE 07th DAY OF JANUARY 2022.
Sd/-
ASSISTANT REGISTRAR(COMM.CASES)
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies
of the Orders/Judgments/Decrees in this format.
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ARS
01.02.2022
C.S.No.646 of 2015
ORDER
DATED : 07.01.2022
THE HON'BLE MR. JUSTICE
N.ANAND VENKATESH
FOR APPROVAL: 01.02.2022
APPROVED ON : 02.02.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 05.01.2022
PRONOUNCING ORDERS ON : 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
C.S. No.646 of 2015
M/s.Vaishnovi Infrastructure Engineering Private Limited,
Rep. by its Director A.Arulraj
Administrative Office at
No.13, 32nd Cross Street,
Besant Nagar,
Chennai-600 090.
.. Plaintiff
/versus/
1.M/s.Infra Engineers India
Rep. by its Proprietrix
Ms.Vaishnavi
No.5, Nimmo Road,
Santhome, Chennai – 600 004.
2.N.Raghava Reddy,
S/o.N.Balakrishna Reddy,
No.5, Nimmo Road,
Santhome, Chennai – 600 004.
..Defendants
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules read with Order VII Rule 1 C.P.C., praying to pass a judgment
and decree for:-
(a) For a Recovery of the sum of Rs.1,28,78,977/- (Rupees One Crore
Twenty Eight Lakhs Seventy Eight Thousand Nine Hundred and Seventy
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Seven only) together with interest at 24% per annum from the date of plaint
till the date of realization jointly and severally