Madras High CourtOA/696/2020closed

Mr.G.Muralidharan v. National Seeds Corporation Limited And Another

2022-02-21Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 21ST DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.A. No.696 of 2020 in C.S. No.368 of 2020 Mr.G.Muralidharan Sole Proprietor of M/s. Agro Input Marketing Associates No. H.20/1, Kaveri Street, Kalashetra Colony, Besant Nagar, Chennai - 600 090.

... Applicant / Plaintiff -Versus1. National Seeds Corporation Limited 22-C, Sidco Industrial Estate, Ambattur, Chennai 600 098, Rep.by its Regional Manager.

2. Department of Animal Husbandry and Veterinary Sciences Government of Tamil Nadu, No.571, Anna Salai, Nandanam, Saidapt, Polyclinic Campus, Chennai 600 035, Rep.by its Director.

... Respondent / Defendant Original Application praying that this Hon'ble Court be pleased to pass an order of ad-interim injunction restraining the 2nd Respondent from

making any payment to the 1st Respondent in excess of Rs.1,28,87,336.42/- being the lawful dues payable to the Applicant as on date, pending disposal of the suit.

This Application coming on this day before this court for hearing, the court made the following order:-

1. The pleadings are completed. This Court is not inclined to take up the Interlocutory Application. Hence, the Interlocutory Application is closed.

2. Heard both sides. Based on the pleadings in the plaint and the written statement filed by the defendants, the following issues are framed: i. Whether the plaintiff is entitled to recover a sum of Rs.1,28,87,336/ being the distributor's discount of Rs.77,79,076/- together with interest of a sum of Rs.51,08,260/- at the rate of 24% per annum from 01.01.2018 to till the date of the plaint?

ii. Whether the plaintiff has discharged any obligation as per distributor's agreement?

iii. Whether there is any cause of action for filing the suit? iv. Whether the plaintiff is entitled for the costs of the suit? v. To what other relief the plaintiff is entitled for?

3. Both the parties are directed to submit their affidavit of documents within fifteen days.

4. List the matter on 22.03.2022.

Sd./-PVJ.

21/02/2022 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 02/03/2022