Indo Tech Transformers Limited v. M/S.Venus Controls And Switchgear P Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 22.02.2021 DELIVERED ON : 25.02.2021 THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN in C.S.No.293 of 2019 M/s.Indo-Tech Transformers Limited, Represented by its Chief Financial Officer, Mr.Saikrishnan C.P.

Sy.No.153-210, Illuppapattu Village, P.O.Rajakulam, KM.64, Chennai - Bangalore Highway, Kancheepuram - 631 561, Tamil Nadu.

... Applicant / Plaintiff Vs.

1.M/s.Venus Controls and Switchgear (P) Ltd., # A, Hare Street, 5th Floor, Ashoka House, Kolkata - 700 001.

2.M/s.Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO) 10th Floor, NPKRR Ramasamy Maaligai, 144, Anna Salai, Chennai - 600 002.

... Respondents / Defendants 1/4

Prayer: This application is filed under Order XIV Rule 8 of the Rules of the Madras High Court, Original Side, 1956 r/w. Section 151 C.P.C., to direct the respondents 1 and 2 / defendant 1 and 2 to either duly return the units 3 and 4 to the Applicant/Plaintiff in the same condition as supplied by the applicant/plaintiff and permit the applicant/plaintiff to repossess units 3 and 4. ***** For applicant/plaintiff : Mr.A.K.Mylsamy For 1st Respondent/ 1st Defendant : Mr. V.J.Arul Raj For2nd respondent/ 2nd Defendant : Mr.V.Viswanathan

O R D E R

This application has been filed by the plaintiff in the suit, seeking a direction against the 1st and 2nd defendants to return the 3rd and 4th transformers to the plaintiff in the same condition as supplied by the plaintiff.

2. In the affidavit filed, it had been stated that the suit had been filed against the defendants for a judgment and decree to pay a sum of Rs.12,43,45,471/- and also for costs of the suit. The 1st defendant had placed an order on the plaintiff on 26.11.2015 for supply of 4 transformers towards a total contract value of Rs.16.60 Crores and an advance of Rs.1.38 Crores had been received. The plaintiff had also received a sum of Rs.6.35 Crores for the 1st 2/4

and 2nd transformers. They have totally received a sum of Rs.7.73 Crores. On the date of the application, the 3rd and 4th transformers had been supplied and it was the apprehension of the plaintiff that the 2nd defendant was taking steps to invite some other third party contractors to commission the transformers.

3. However, while advancing arguments in A.Nos.2611 and 2612 of 2020, the learned counsel for the plaintiff stated that the plaintiff had been issued with a communication calling upon them to come forward to erect and commission the said transformers.

4. The learned counsel for the plaintiff also stated that the plaintiff is ready and willing to erect and commission the 3rd and 4th transformers.

5. In view of that fact, the relief sought in the present application no longer survives and accordingly, the application is closed. No order as to costs. 25.02.2021 (2/3) bri Index: Yes/No Internet: Yes/No Speaking Order / Non-Speaking Order 3/4

C.V.KARTHIKEYAN, J.

bri Pre-delivery order in A.No.3356 of 2019 in C.S.No.293 of 2019 25.02.2021 (2/3) 4/4