M/S.Bharat Sanchar Nigam Ltd (Bsnl), v. M/S. Bhash Software Labs,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M/s. Bharat Sanchar Nigam Ltd (BSNL), Rep. by Deputy General Manager (Enterprise Business), Chennai Telephones, No. 99, J.N.Road (100 feet Road), K.K.Nagar Telephone Exchange Building, K.K.Nagar, Chennai-600 078.

... Plaintiff vs

1. M/s. BHASH SOFTWARE LABS, Rep. by its partners, 267-A, Toshniwal Building, K.G.Road, Kilpauk, Chennai - 600 010.

2.Mr.R.Bhuavana Kotteswaran, Partner, M/s. Bhash Software Labs, 267-A, Toshniwal Building, K.G.Road, Kilpauk, Chennai - 600 010.

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3.Mr.V.Rajaram, Partner, M/s.Bhash Software Labs, 267-A, Toshniwal Building, K.G.Road, Kilpauk, Chennai - 600 010.

... Defendants Prayer: Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C. and Section 2 (1) (C) (xv) of the Commercial Courts Act, 2015, for the following prayers:- (a) Directing the defendants to pay jointly and severally a sum of Rs.3,62,04,927/- together with interest at 24% per annum from the date of plaint till the date of payment in full;

(b) Directing the defendants to pay the entire costs of the suit; and (c) Pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Plaintiff : Mr.S.Udayakumar For Defendants : Mr.S.Suresh J U D G E M E N T 2/4

In view of the fact that the application in A.No.1609 of 2023 filed by the defendants seeking reference of the matter to the arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 is allowed by this Court, the suit cannot be proceeded with.

2. Accordingly, the suit is dismissed.

08.06.2023 (2/2) Index : Yes / No NCC : Yes / No dm 3/4

S.SOUNTHAR, J.

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