M/S.Trimex Industries Pvt.Ltd. v. M/S.Ind Barath Power Gencom

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.04.2024

CORAM

THE HONOURABLE Mr. JUSTICE P.VELMURUGAN Civil Suit No. 302 of 2017 and A.Nos.3842 of 2017, 6207 of 2018, 3961 of 2019, 2557 of 2023 and 2897 of 2023 M/s.Trimex Industries Pvt.Limited, Rep.by its Vice President - Legal, Mr.S.Sudhakaram, Trimex Towers, No.1, Subbaraya Avenue, C.P.Ramaswamy Road, Alwarpet, Chennai - 600 018.

.. Plaintiff Vs.

1.

M/s.Ind Barath Power Gencom Ltd., Rep.by its Managing Director, having registered office at No.20, Chamiers Road, Nandanam, Chennai - 600 035.

2.

Rajesh Chillale, Liquidator, M/s.Ind Barath Power Gencom Ltd., No.B.421, Western Plaza, O.U.Colony, H.S.Darga, Hyderabad, Telangana - 500 008.

.. Defendants [2nd defendant impleaded as per order dated 17.11.2021 in A.No.3740 of 2021 ] 1/4

Prayer:- Civil Suit has been filed under Order IV Rule 1 of Original Side Rules, High Court, Madras, read with Order VII Rule 1 of Code of Civil Procedure, prays for a judgment and decree in favour of the plaintiff : a) directing the defendant to pay a sum of Rs.17,23,12,118/- (Rupees Seventeen Crores Twenty Three Lakhs Twelve Thousand One Hundred and Eighteen only) as on 18.04.2017 with interest at the rate of 18% per annum on the principal sum of Rs.13,64,40,852/- from the date of plaint till the day of payment in full to the plaintiff. b) the costs ; and For Plaintiff :

Mr.V.Anantha Natarajan For Defendants :

Mr.Adhitya Shankar for D1 Mr.V.Viswanathan for D2

J U D G M E N T

Learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the Civil Suit and has also given a letter to the Registry, for listing the case under the caption 'For Withdrawal'. 2/4

2. In view of the same, the Civil Suit stands dismissed as withdrawn. There shall be no order as to costs. Consequently, connected applications are closed.

29.04.2024 Index: Yes/No Speaking Order : Yes/No ms To The Sub-Assistant Registrar, Original Side, High Court, Madras.

3/4

P.VELMURUGAN, J.

ms C.S.No.302 of 2017 29.04.2024 4/4