Vishnuo Infra Pvt Ltd v. Engineering Projects India Ltd
O.A.No.193 and 194 of 2024 KRISHNAN RAMASAMY, J.
This applications have been filed for an order of interim injunction restraining the 1st respondent from terminating the contract agreement dated 05.02.2024 and encashing the bank guarantee dated 31.01.2014.
2. When this matter was taken up for hearing today, the learned counsel for the applicant seeks leave of this Court to withdraw these applications and he has also made an endorsement with regard to the same. Further, he prays for refund of full Court fee, in view of Section 89(2) of CPC and Section 69A of the Tamil Nadu Court fee and Suit Valuation Act, 1955 and in view of decision of the Honourable Supreme Court reported in 2021 SCC Online SC 109 (The High Court of Judicature at Madras Vs. M.C.Subramaniam and others).
3. In the light of the above said decision of the Honourable Supreme Court and Section 89(2) of CPC and Section 69A of the Tamil Nadu Court Fee and Suit Valuation Act, 1955, the applicant is entitled to refund of full Court fee.
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KRISHNAN RAMASAMY, J.
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4. Accordingly, recording the submissions of the learned counsel for the applicant, these applications are dismissed as withdrawn.
5. The Registry is directed to refund the full Court fee subject to all procedural formalities in this regard being complied with, by way of a negotiable instrument in favour of the learned counsel for the applicant, within a period of four weeks from the date of receipt of a copy of this order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-08-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY OA Nos. 193 and 194 of 2024 and ARB APPLN No. 133 of 2024 Vishnuo Infra Pvt Ltd.
Represented by its Director, Mr.MVS Krishnan Raju Having registered office at:
H.No. 6 3 1095 and 1096, Metro palm, Grove Apartment, Hyderabad, Telangana-500082.
Applicant ..Vs..
1. Engineering Projects India Ltd.
Represented by its Director, Ms.Akanksha Pare Kashiv Having registered office at:
Core 3 Scope Complex 7 Institutional Area, Lodhi Road, New Delhi-110003 Also at:
Southern Regional Office, 3D, EC Chambers, 92, G.N.Chetty Road,T.Nagar, Chennai- 600 017.
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2.Southern Railway Office of the Chief Administrative Officer, Construction Organization Egmore, Chennai 600 008.
3.Union Bank of India Besant Nagar Branch, No.58, AV Church Road, Besant Nagar, Chennai 600 090.
Respondents For Applicant:
Ms.Vaishali R C O M M O N O R D E R Today, these matters have been listed under the caption 'For Being Mentioned' at the instance of the Registry for the simple and sole reason that on 10.06.2024, though all three aforesaid three applications were dimissed as withdrawn, in the order dated 10.06.2024 Arb.Appln.No.133 of 2024 is omitted to be typed.
2. Registry is directed to include the aforesaid Arb.Appln.No. In the order dated 10.06.2024 and issue fresh order copy to the parties concerned.
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To 1.Engineering Projects India Ltd No 6 3 1095 and 1096, Metro palm, Grove Apartment, Hyderabad, Telangana 2.Souther Railway Office of the Chief Administrative Officer, Construction Organszation Egmore, Chennai 600 008.
3.Union Bank of India Besant Nagar Brach, No.58, AV Church road, Besant Nagar, Chennai 600 090.
KRISHNAN RAMASAMY, J.
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