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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY, THE 9TH DAY OF AUGUST 2021

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

C.S.No.98 of 2020

and

A.No.970 of 2020

IL & FS Tamil Nadu Power Company Limited

4^th Floor, KPR Tower,

Old No.21, New No.2,

1^st Street, Subba Rao Avenue,

College Road,

Chennai – 600 006.

... Plaintiff

-Versus-

M/s. Larsen & Toubro Limited

Thermal Power Plant Construction

Mount Poonamallee Road

Post Box No. 979, Manapakkam,

Chennai – 600 089

: Defendant

Civil Suit praying that this Hon'ble Court be pleased to a Judgment

and Decree against the Defendant:-

a) directing the defendant to pay the plaintiff, a sum of

Rs.1,62,09,428/- (Rupees One Crore Sixty Two Lakhs Nine Thousand Four

Hundred and Twenty Eight Only) together with interest at 18% per annum

on Rs.1,06,07,123/- (Rupees One Crore Six Lakhs Seven Thousand One

Hundred and Twenty Three Only) from 21.02.2020 till the date of

realization.

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b) directing the defendant to pay costs of the suit to the

plaintiff.

A.No.970 of 2020

IL & FS Tamil Nadu Power Company Limited

4^th Floor, KPR Tower,

Old No.21, New No.2,

1^st Street, Subba Rao Avenue,

College Road,

Chennai – 600 006.

... Applicant/Plaintiff

-Versus-

1. M/s. Larsen & Toubro Limited

Thermal Power Plant Construction

Mount Poonamallee Road

Post Box No. 979, Manapakkam,

Chennai – 600 089

: 1^st Respondent/Defendant

2. ICICI Bank Ltd,

Nungambakkam Branch,

110, Prakash Presidium,

Uthamar Gandhi Salai,

Chennai 600 034.

..2^nd Respondent/Garnishee

Application praying that this Hon'ble Court be pleased to issue a

Prohibitory Order Prohibiting the 2nd Respondent/Garnishee from making

any payment to the 1st Respondent/Defendant or on its behalf of the extent

of Rs.1,62,09,428/- (Rupees One Crore Sixty Two Lakhs Nine Thousand

Four Hundred and Twenty Eight Only) from any accounts and/or deposits

held by the 1st Respondent/Defendant in the 2nd Respondent Bank and

consequently direct the 2nd Respondent/Garnishee to deposit the said sum

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of Rs.1,62,09,428/- (Rupees One Crore Sixty Two Lakhs Nine Thousand

Four Hundred and Twenty eight Only) to the credit of this Suit, within a

date to be fixed by this Honble Court.

This Civil Suit along with the Application coming on this day before

this Court for hearing in the presence of Mr.Manoj Menon, Advocate for

the Plaintiff in C.S.No.98 of 2020 and for the Applicant in A.No.970 of

2020 and Mr.K.Shivakumar, Advocate for the Defendant in C.S.No.98 of

2020 and for the 1^st Respondent in A.No.970 of 2020 and upon reading the

judge's summons and the affidavit of P.Sekar filed in A.No.970 of 2020 and

the order dated 21.12.2020 made in A.No.1699 of 2020 in C.S.No.98 of

2020 and this Court having observed that the matter was referred to

Arbitrator and today, the learned counsels report that an Award has been

passed in the arbitration proceedings and this Court doth recording the

same,

it is ordered as follows:-

That the suit in C.S.No.98 of 2020 do stand closed.

2. That a certificate under Section 69 of The Tamil Nadu Court Fees

and Suits Valuation Act 1955, do issue herein, out of and under the seal of

this Court in favour of IL & FS Tamil Nadu Power Company Limited, the

Plaintiff herein, authorising him to receive from the Pay and Accounts

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office, High Court, Madras, a sum of Rs.1,65,630/- (Rupees One Lakh

Sixty Five Thousand Six Hundred and Thirty only) being the entire Court

fee paid on the plaint by the plaintiff herein.

3. That the A.No.970 of 2020 do stand closed.

WITNESS THE HON'BLE MR.SANJIB BANERJEE, CHIEF

JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9th

DAY OF AUGUST 2021.

Sd/-

ASSISTANT REGISTRAR (Comm.Cases)

//Certified to be true copy//

Dated at Madras this the day of