M/S Vaibhogh Homes Pvt.Ltd., v. M/S Engineering Projects

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE P.B.BALAJI M/s.Vaibhogh Homes Private Limited, Represented by its Managing Director Mr.R.Jawahar, Having Office at No.15, Kurinji Street, 6th Main Road, Gomathipuram, Madurai - 625 020.

... Plaintiff Vs.

1.M/s.Engineering Projects India Limited, Represented by its Executive Director, No.3D, E.C.Chambers, No.92, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

2.M/s.Engineering Projects India Limited, Represented by its Chairman and Managing Director, Core-3, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi - 110 003.

... Defendants Prayer: This Civil Suit is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, 1908, prayed for a Judgment and Decree:- 1/3

a) To direct the defendants to pay a sum of Rs.1,69,66,564/- together with interest @ 15% per annum on the principal amount of Rs.66,37,937/- from the date of plaint till the date of realization; b) To direct the defendants to pay costs of the suit. For Plaintiff : Mr.A.John Britto For Defendants : Mr.V.Manohar

JUDGMENT

The learned counsel for the defendants submits that application under Section 8 of the Arbitration and Conciliation Act, 1996 has already been allowed by this Court and the Arbitrator has already taken up the proceedings.

2. Hence, nothing survives for consideration in the suit, in view of the application under Section 8 of the Arbitration and Conciliation Act, 1996 has been allowed.

3. This Civil Suit, is thus, dismissed. No costs. 24.06.2024 Internet : Yes/No Index : Yes/No Speaking Order/Non-Speaking Order arb 2/3

P.B.BALAJI, J.

arb 24.06.2024 3/3