Adani Enterprises Ltd., v. M/S.Indbharath Thermal Power
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 14th DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE N.ANAND VENKATESH C.S. No.843 of 2017 Adani Enterprises Ltd.
7A, Halls Road, Second Floor, Egmore, Chennai- 600 008.
Rep by its Authorized Signatory Mr. P. Annamalai DGM (Marketing- Coal Trading) ... Plaintiff Vs M/s IndBharath Thermal Power Limited New no. 20 (Old No.129) Chamiers Road, Nandanam, Chennai- 600 035 ...Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the Defendant by: (a) Directing the Defendant to pay a sum of Rs. 17,61,26,193/- (Rupees Seventeen Crores Sixty One Lakhs Twenty Six Thousand One Hundred and Ninety Three only) with interest at the rate of 18% per annum from the date of the said amount becoming due till the actual date of payment in full to the Plaintiff.
(b) The costs.
This Civil Suit coming on this day before this Court for hearing in the presence of Mr.T.Gowthaman, Advocate for the plaintiff herein and Mr.Anirudh Krishnan, Advocate for the defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having made an endorsement on the plaint stating that, "The plaintiff may be permitted to withdraw the suit with liberty to agitate the claim before the IRP when he is appointed" it i s ordered as follows:- That the suit in C.S. No.843 of 2017, be and is hereby dismissed as withdrawn.
2) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14th DAY OF DECEMBER 2021. Sd/- ASSISTANT REGISTRAR(Comm. Cases) //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.
ARS 23.12.2021 C.S.No.843 of 2017
ORDER
DATED : 14.12.2021 THE HON'BLE MR. JUSTICE N.ANAND VENKATESH FOR APPROVAL: 27.12.2021 APPROVED ON : 10.01.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH C.S.No.843 of 2017 Adani Enterprises Ltd., 7A, Halls Road, Second Floor, Egmore, Chennai - 600 008.
Rep. by its Authorized Signatory, Mr.P.Annamalai DGM (Marketing - Coal Trading) ...Plaintiff .Vs.
M/s.IndBharath Thermal Power Limited, New No.20 (Old No.129) Chamiers Road, Nandanam, Chennai - 600 035.
... Defendant Plaint filed under Order VII Rule 1 of the Code of Civil Procedure, 1908 read with Order IV rule 1 of O.S. Rules, praying for: a) Directing the defendant to pay a sum of Rs.17,61,26,193/- (Rupees Seventeen Crores Sixty One Lakhs Twenty Six Thousand One Hundred and Ninety Three only) with interest at the rate of 18% per annum from the date of the said amount becoming due till the actual date of payment in full to the plaintiff.
b) The costs, and/or c) Pass such further orders as this Court may deem fit and proper in the
facts and circumstances of the present case and in the interest of justice.
For Plaintiff : Mr.T.Gowthaman For Defendant : Mr.Anirudh Krishnan
J U D G M E N T
The learned counsel for the plaintiff seeks permission of this Court to withdraw this suit and he has also made an endorsement to that effect. 2.In view of the endorsement made by the learned counsel appearing for the plaintiff, this suit is dismissed as withdrawn. No Costs. Sd./-N.A.V.J.
14.12.2021 //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.