Standar Aero Inc v. Nepc Micon Ltd.

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 15th day of March, 2018 LOK ADALAT ORDER (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. JUSTICE A.RAMAMURTHI (Retd.) and Members Mr.J.D.Rukmangathan, District Judge, (Retd.,) Mr.V.Kumaravelan C.S.No.741 of 1999 (This Civil Suit is filed under Section 26 and Order VII Rule 1 of the Code of Civil Procedure read along with Order 4 Rule 1 of the O.S.Rules) Prayer in C.S.No.741 of 1999:- (a) allowing the plaintiff to recover from the defendant's possession the two leased out Pratt Whitney PT6A-21 Engines bearing serial numbers PCE10485 & PC-E24941 respectively in good order and condition together with the log books of the said engines, or alternatively, in the event of it being found that the defendant is not in a position to deliver the said engines in good order and condition to the Plaintiff, allowing the Plaintiff to recover from the defendant and its assets the

agreed replacement value of the said two engines amounting to $570,000US Dollars (US Dollars five hundred and seventy thousand only or its rupee equivalent of Rs.2,47,38,000/- with future interest at 24% per annum from the date of suit till date of payment;

(b) allowing the plaintiff to recover from the defendant and its assets a further sum of $913,332 US Dollars (US Dollars nine hundred and Thirteen thousand three hundred and thirty two only) or its rupee equivalent, of Rs.3,96,38,609/- with future interest at 24% per annum from the date of suit till date of payment.

(c) allowing the plaintiff to recover from the Defendant all costs of this suit; and (d) allowing for such other relief as the nature and circumstances of the case of the suit may require. Prayer in Counter Claim:- Decree the counter claim and pass a decree and judgement of mandatory injunction directing the plaintiff to return the two Pratt-Whitney engines of the defendant bearing serial numbers PC-E 25233 and PC-E 25232 as "Zero hour" engines or money equivalent. (b) a decree declaring that the defendant/s are entitled to claim ownership of the engines bearing

serial numbers PC-E 10485 - and PC-E 24941 - in the facts and circumstances of this case and thus not liable to return the same.

(c) dismiss the suit in C.S.No.741 of 1999.

(d) directing the plaintiff to pay cost of this Counter Claim.

Standard Aero Inc.

Delaware Corporation 5100 Eden Avenue, Suite 105, Minneapolis, Minnesota 55446 ... Plaintiff Vs.

NEPC-Micon Limited, (Now NEPC - India Limited) 407,408, G.R.Complex, Annasalai, Nandanam, Chennai 600 035.

... Defendant This case came up for settlement before the Lok Adalat. The learned counsel for the Plaintiff Mr. Abraham Markos and the learned counsel for the defendant Mr. V.Anil Kumar are present.

O R D E R

Both the parties represented by counsel. The defendant has also filed a Counter Claim and paid the

Court Fee. Now both the learned Counsels and the defendant's representative made an endorsement in the plaint as well as in the Counter claim that the matter has been settled and same is recorded.

2. Refund of the Court fee paid on the plaint in the name of learned counsel for the plaintiff Mr.Abraham Markos. Similarly refund of the Court fee paid on the Counter claim in the name of the learned counsel for the defendant Mr.S.R.Raghunathan. This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for

under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Sd- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy// Sub Assistant Registrar(OS) Note:

Issue order copy in three days.

A.RAMAMURTHI,J. (Retd.) av To 1.The Secretary, High Court Legal Services Committee, Chennai.

2.The Section Officer, Original Side, High Court, Madras.

3.The Section Officer, V.R.Section, High Court, Madras.

4.The Section Officer, Lok Adalat Section, High Court, Madras.

C.S.No.741 of 1999 15.03.2018