Adani Enterprises Ltd., v. M/S.Ind Bharath Power Gencom

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2021

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN C.S.No.844 of 2017 (A) Adani Enterprises Ltd., 7A, Halla Road, Second Floor, Egmore, Chennai-600 008.

Rep.by its Authorized Signatory Mr.P.Annamalai DGM (Marketing-Coal Trading) .. Plaintiff /versus/ M/s.Ind Bharath Power Gencom Limited, Through its Chairman cum Managing Director, New No.20 (Old No.129) Chamiers Road, Nandanam, Chennai-600 035.

.. Defendant This Civil Suit is filed under Order iv Rule 1 Original Side Rules read with Order VII Rule 1 of CPC, prayed for (a) Directing the Defendant to pay a sum of Rs.2,05,75,861/- (Rupees Two Crores and Five Lakhs Seventy Five Thousand Eight Hundred and Sixty One only) with interest at the rate of 18% per annum from the date on which the respective amounts became due till the actual date of payment in full to the plaintiff and pass further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus 1/3

render justice (b) The costs, and/or.

For plaintiff : Mr.T.Gowthaman For Defendant : Mr.T.Ravichandran

JUDGMENT

Today, the learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the civil suit in view of corporate insolvency proceedings pending before the National Company Law Tribunal, Hyderabad. The Resolution Professional appointed in the said proceedings is also present through video conference.

2. Earlier, the memo has been filed by the Resolution Professional representing the defendant stating that the pendency of Corporate Insolvency proceedings.

3. In view of the above fact, the Civil Suit is dismissed as withdrawn. No costs.

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Dr.G.JAYACHANDRAN,J.

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