Chennai Enviro Solutions Private Limited v. The Kinetic Green Energy And Power Solutions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Chennai Enviro Solutions Private Limited rep. By its Assistant General Manager Mr.Ch.Anji Reddy Having Registered Office:

No. 323, Poonamallee High Road, Level 4, Diamond Dune, Aminjikarai, Chennai - 29.

..Plaintiff Vs

1. M/s.The Kinetic Green Energy and Power Solutions Having its Registered Office at Kinetic Innovation Parks, Pune, Maharashtra-411019

2. M/s.Iconpro Tech Private Limited Having its Office at Sardar Patel Road, Guindy, Chennai, Tamil Nadu - 600 032.

..Defendants Plaint filed under Order VII Rule 1 of Code of Civil Procedure, 1908 read with Order IV Rule 1 of Original Side Rules praying for a judgment and decree in the following terms:

(i) Mandatory Injunction directing the defendants to replace the 22 defective batteries in the vehicles delivered by the defendants and provides root cause analysis for the rest of the batteries;

(ii) Mandatory Injunction directing the defendants to recall 9 unregistered vehicles and refund the sale consideration of Rs.19,22,463/- made towards these 9

unregistered vehicles along with 24% from date of payments first made to till date of realization; (iii) To direct the defendants to pay credit of FAME incentive amount of Rs. 41,000/- per vehicle to the plaintiff's account amounting to Rs.1,18,75,478/- along with 24% interest from date of purchase order first made to till date of realization;

(iv) To direct the defendants to reimburse an amount of Rs. 67,51,413/- towards cost of undertaking repairs of defective vehicles along with 24% interest from date of 01.01.2022 to till date of realization; and (v) To pay costs of litigations and other incidental legal expenses.

For Plaintiff:

Ms.S.Balajanaki For Defendants:

Mr.Thriyambak J Kannan for D1 D2 - summon unserved

JUDGMENT

By separate order dated 20.04.2026 in A.Nos.4059 and 4060 of 2025, the parties were referred to arbitration in terms of the arbitration clause contained in the general conditions of purchase annexed to the purchase order No.500005509 dated 23.03.2021.

2. The suit stands disposed of in view of the referring of the dispute to arbitration. There shall be no order as to costs.

3. Because arbitration is one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908, the plaintiff is entitled to refund of court fee in terms of Section 69A of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. Therefore, the Registry is directed to refund the full court fee to the plaintiff. 20.04.2026 Index: Yes/No mmi

SENTHILKUMAR RAMAMOORTHY, J.

mmi 20.04.2026