CRP(MD)Nos.1022 to 1024 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

CRP(MD)Nos.1022 to 1024 of 2022

and

CMP(MD)Nos.4073, 4078, 4079, 4081 of 2022

The Tamil Nadu Civil Supplies Corporation Ltd.,

Rep. by its Managing Director,

No.12, Thambusamy Road,

Kilpauk,

Chennai – 600 010.

: Petitioner in all CRPS

Vs.

1.ASPT Balakrishnan

2.M/s.Zinc Foods Pvt Ltd.,

Rep. by its Director,

3/127-D-1, Swamy Nagar,

Salem Road,

Namakkal – 637 001.

3.M/s.Arnica Enterprises Pvt Ltd.,

Rep. by its Director,

First Floor, Harini Complex,

Perundurai Road,

Thindal Medu,

Erode – 638 012.

4.Sikkandar Syed Kathar

: Respondents in all CRPs

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CRP(MD)Nos.1022 to 1024 of 2022

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the

Constitution of India to call for the records pertaining to the orders dated

20.04.2022 passed by the learned Principal District Judge, Dindigul, in I.A.Nos.1

to 3 of 2022, respectively, in O.S.No.156 of 2022 and set aside the same.

For Petitioner

:

Mr.Kabir Khan,

Senior Counsel

for Mr.G.Mohan Kumar

For Respondents :

Mr.Balaji for R.1

Mr.Meenakshi Sundaram,

Senior Counsel

for Mr.R.Senthil for R.2

Mr.H.Arumugam for R.3

Mr.M.Ajmal Khan,

Senior Counsel

for Mr.N.Shanmugaselvan for R.4

*****

COMMON ORDER

The Tamil Nadu Civil Supplies Corporation Limited is the petitioner herein.

They have entered into a contract dated 07.01.2020 with the respondents 2 & 3

herein for the movement of goods. The respondents 2 & 3, in turn, have entered

into sub-contract and issued work orders on 10.01.2020 and 18.01.2020,

respectively, with the first respondent for the movement of goods.

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CRP(MD)Nos.1022 to 1024 of 2022

2.According to the first respondent, the respondents 2 & 3, instead of

assigning the transportation works to him, have entered into a new contract with

the fourth respondent for the transportation works. Therefore, he filed a suit in

O.S.No.156 of 2022 before the Principal District Court, Dindigul, seeking

compensation; permanent injunction not to terminate any contract, not to modify

or delete the method of operation and transportation, not to appoint any new

transport contractor. The first respondent has also filed three interlocutory

applications in I.A.Nos.1 to 3 of 2022 seeking interim injunction and the learned

Principal District Court, Dindigul, by order dated 20.04.2022, has granted an order

of ad-interim injunction. Aggrieved over the same, the petitioner / Tamil Nadu

Civil Supplies Corporation [TNCSC] has moved the instant revision petitions.

3.When the civil revision petitions came up for admission, this Court has

raised a plea as to how the first respondent, who is an alien to the agreement

entered into between TNCSC and the respondents 2 & 3, has filed a suit and

obtained an interim order of injunction as against TNCSC, causing huge loss to

the Corporation. The matter was thereafter argued in detail and was subsequently

adjourned.

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CRP(MD)Nos.1022 to 1024 of 2022

4.Today, it is represented by the learned Counsel appearing for the first

respondent that they have not pressed the suit and as such, the suit in O.S.No.156

of 2022 was dismissed as not pressed on 27.07.2022.

5.Since the very suit itself is no more, nothing survives for further

adjudication and accordingly, these civil revision petitions stand closed. No costs.

Consequently, connected miscellaneous petitions stand closed.

Index

: Yes / No

02.12.2022

Internet

: Yes

gk

To

The Principal District Judge,

Dindigul.

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CRP(MD)Nos.1022 to 1024 of 2022

B.PUGALENDHI, J.

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CRP(MD)Nos.1022 to 1024 of 2022

02.12.2022

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