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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, MUMMINENI SUDHEER KUMAR, JJ
PERS Enterprises Private Limited – Appellant
Versus
Aavanor Systems LLP – Respondent
| Table of Content |
|---|
| 1. dispute arises from contractual obligations. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. judicial process involved procedural issues. (Para 10 , 11) |
| 3. contractual obligations and breach were established. (Para 12 , 17 , 29 , 30 , 31) |
| 4. interest awarded on commercial transactions. (Para 39 , 40) |
| 5. conclusion and orders of appeals. (Para 41 , 42) |
COMMON JUDGMENT
The intra-court appeals under consideration are against the common judgment dated 19/02/2024 passed by the Learned Single Judge in C.S.No.128 of 2021 and C.S.(Comm.Div).No.63 of 2022.
2 . Genesis of the dispute leading to the appeals: -
The dispute is in respect of the execution of the work order dated 18.03.2017 issued by PERS Enterprises Private Limited (For the sake of brevity, hereinafter to be referred as ‘PERS’ in short) in favour of Aavanor Systems Private Limited, later renamed as Aavanor Systems LLP (For the sake of brevity, hereinafter to be referred as ‘Aavanor’ in short).
3. ‘PERS’ is operating Multi-Speciality Hospitals under the name of “SRM Institutes of Science (SIMS Hospital)”. Aavanor is a software developer. “DOC 99” is a software developed by Aavanor providing clinical engines which allows creatin
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