M/S.Novex Communications Pvt. Ltd., v. Dxc Technologies Pvt., Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ OSA(CAD) Nos.152 and 153 of 2021 and CMP Nos.11231 and 11236 of 2022 OSA (CAD) No.152 of 2021:
Novex Communications Pvt. Ltd, Rep. by its Authorised Signatory, S.Swaminathan, Having its office at 17/7, NRCS Towers, 4th Floor, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
Appellant(s) Vs DXC Technologies Pvt. Ltd., Having registered office at Maruthi Concorde Business Park, Sy No.30/3, Konappana Agrahara Village, Begur Hobli, Hosur Road, Bangalore - 560 100.
Rep by Nachiket Sukthankar, Managing Director - India.
Respondent(s)
OSA(CAD) No. 153 of 2021:
Novex Communications Pvt. Ltd, Rep. by its Authorised Signatory, S.Swaminathan, Having its office at 17/7, NRCS Towers, 4th Floor, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
Appellant(s) Vs Cognizant Technologies Solutions India Pvt Ltd., Having registered office at 5/535, Okkiam Thoraipakkam, Old Mahabalipuram Road, Kancheepuram, Chennai - 600 096.
Rep. by Thirumalai Narayanan, Managing Director - India.
Respondent(s) Prayer in OSA(CAD) No. 152 of 2021: Appeal under Section 13 of the Commercial Courts Act read with Order XXXVI Rule 1 of the Original Side Rules to set aside the judgment and decree order dated 08.12.2021 in C.S.No.407 of 2020 and restore the Suit.
PRAYER IN OSA(CAD) No. 153 of 2021: Appeal under Section 13 of the Commercial Courts Act read with Order XXXVI Rule 1 of the Original Side Rules to set aside the judgment and decree order dated 08.12.2021 in C.S.No.413 of 2020 and restore the Suit.
OSA (CAD) No.152 of 2021:
For Appellant:
Mr.P.S.Raman, Senior Counsel, Mr.Prakash Shah, Senior Counsel and Mr.H.N.Thakore for Mr.K.Vasuvenkat For Respondent:
Mr.K.Premchandar OSA (CAD) No.153 of 2021:
For Appellant:
Mr.P.S.Raman, Senior Counsel Mr.Prakash Shah, Senior Counsel and Mr.H.N.Thakore for Mr.K.Vasuvenkat For Respondent:
Mr.Srinath Sridevan, Senior Counsel for Ms.Aishwarya S.Nathan For Applicant in CMP Nos.11231 and 11236 of 2022: Mr.Vijay Narayan Senior Counsel for M/s.Deepika Murali
COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) On 7.3.2025, the following order was passed:
"Shri P.S.Raman, Senior Counsel appearing for appellant in both the appeals, stated that his instructions are to request the Court to quash and set aside the impugned judgment and thereby restore the suits and, after the suits are restored, withdraw the suits unconditionally.
2. Shri Srinath Srideven, Senior Counsel appearing for respondent in O.S.A. (CAD) No.153 of 2021, on instructions, says that his client has no objection.
3. Shri Premchandar, appearing for respondent in O.S.A. (CAD) No.152 of 2021, says he has to take instructions.
4. Stand over to 10.03.2025, for directions."
2. Today, Shri Premchandar informs the court that his client is also agreeable to the suggestion of Shri Raman recorded in paragraph (1) of the order dated 7.3.2025.
3. Therefore, the following order is passed by consent: (a)The impugned order dated 8.12.2021 is quashed and
set aside;
(b)The suits are restored to file;
(c) The suits are allowed to be withdrawn unconditionally; (d)The statement of Shri Raman that plaintiff has no claim whatsoever against defendant in the respective appeals up to today is also accepted.
4. Appeals are disposed of accordingly. There shall be no order as to costs. Consequently, interim applications stand closed.
5. Both the suits, being C.S.Nos.407 and 413 of 2020, stand disposed of. Refund of court fees, if any, in accordance with rules. The fact that both suits are disposed of be noted by the Registry. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 10.03.2025 Index :
Yes/No NC :
Yes/No sasi
To:
The Sub Assistant Registrar Original Side, High Court, Madras.
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.
(sasi) OSA(CAD) Nos.152 and 153 of 2021 and CMP Nos.11231 and 11236 of 2022 10.03.2025