M/S.Kaveri Gas Power Ltd., v. Sree Kaderi Ambal Mills Ltd.,
In the High Court of Judicature at Madras Dated: 04.08.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S. SIVAGNANAM Original Side Appeal No. 21 of 2015 M/s. Kaveri Gas Power Limited 5/3, Ranganathan Garden Anna Nagar, Chennai.
.. Appellant vs.
1. M/s. Sree Kaderi Ambal Mills Limited rep. by its Managing Director S.V.Pethaperumal Regd. Office Super B-3 Industrial Estate, Madurai 625007.
2. M/s. Agni Steels Pvt. Limited No.2, Mohan Kumaramangalam Street Surampatti, Erode - 638 058.
3. M/s. Madura Coats Pvt. Ltd.
New Jail Road Madurai 625 101.
4. M/s. Shri Ramalinga Mills Limited No. 212, Ramasamy Nagar Arupukottai - 626 101.
5. M/s. Sree Jeya Soundharam Textiles Mills (P) Limited, No.212, Ramasamy Nagar Arupumkottai - 626 101.
6. Arupukottai Shri Ramalinga Spinners Pvt. Ltd. No.212, Ramasamy Nagar Arupumkottai - 626 101.
7. M/s. Tamil Nadu Jaibharath Mills Limited No.212, Ramasamy Nagar Arupumkottai - 626 101.
8. The Chairman Tamilnadu Electricity Board 800, Anna Salai, Chennai 600 002.
9. The Member Generation Tamilnadu Electricity Board 800, Anna Salai, Chennai 600 002.
.. Respondents Prayer: Original Side Appeals filed under Order 36, Rule 1 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 10.10.2014 passed by the learned Single Judge, in Application No. 3823 of 2014 in C.S. No.906 of 2008 on the file of this Court.
For Appellant : Mr. R. Yashod Vardhan, Sr. Counsel for Mr. Vinod Kumar For Respondents : Mrs. Chitra Sampath, Sr. Counsel for Mr.T.S.Baskaran for R1 Mr. V. Viswanathan for R8 & R9 No Appearance for R2 to R7.
JUDGMENT
(Delivered by The Hon'ble The Chief Justice) We have passed the following order yesterday: "Learned Counsel appearing for the first respondent, on instructions from the counsel on record and the first respondent, Mr.S.V.Pethaperumal, Managing Director, present in Court, states that as an interim measure in the suit, the said respondent is willing to pay at the TNEB rate, subject to the condition that there is no other liability affixed on him on account of any action or inaction of the appellant. This is acceptable to the learned senior counsel for the appellant, on instructions from the counsel on record and the appellant, Mr.Elangovan, Managing Director, present in Court.
2. The two parties to file their affidavits accordingly.
3. It is also prayed that the trial in the suit be expedited, for which they will co-operate before the learned Single Judge and the learned Master.
4. List for directions on 04.08.2015."
2. Affidavits have been filed by both sides. We clarify that what we have already directed vide our order dated 03.08.2015 is that instead of the first respondent paying at 0.45 paise less than TNEB rate, the first respondent will pay at TNEB rate, the other process
of billing being the same, but subject to the condition that there is no other liability affixed on the first respondent on account of any action and inaction of the appellant.
3. We may note that the counsel for the parties have agreed to expedite the trial of the suit, as the matter really pertains to interpretation of the contract and there would be very limited oral testimony, if any, on this aspect other than the issue of damages.
4. The appeal accordingly stands disposed of with liberty to move in case of difficulty which we hope never arise. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR To
1. The Sub.Asst. Registrar, Original Side Section, High Court, Madras.
+1cc to Mr.T.S. Baskaran, Advocate, S.R.No.40188 +1cc to Mr.V. Viswanathan, Advocate, S.R.No.40268 KM(CO) EU(18/08/2015) O.S.A. No. 21 of 2015