Madras High CourtAS/131/2019disposed of

The State Of Tamil Nadu v. M/S.Hi-Tech Engineering And Constructions

2023-08-08Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. No.131 of 2019

1. The State of Tamil Nadu, represented by its Secretary, Department of Rural Development and Local Administration, Fort St. George, Chennai-600 009.

2. The District Collector/Chairman, R.G.R.P.Housing Projects, D.R.D.A. Office, Beach Road, Cuddalore.

... Appellants Vs M/s. Hi-tech Engineering and Constructions, S-10, Sidco Industrial Estate, Semmandalam, Cuddalore, by its Managing Partner S.V.Rajan .. Respondent Prayer :- This First Appeal has been filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and decree dated 30.10.2017 on the file of the 1st Addl. District and Sessions Court at Cuddalore in O.S.No.135 of 2013.

1\4

For Appellants : Mr.T.Sampathkumar Govt. Advocate For Respondent : Mr.S.Parthasarathy JUDGEMENT The appellants herein are the defendants in the suit in O.S.No.135 of 2013, which was filed by the plaintiff seeking for the relief of declaration declaring the order passed by the 2nd defendant cancelling the contract as null and void and consequently directing them to pay a sum of Rs.23,99,242/- to the plaintiff. On hearing both sides, the trial court partly decreed the suit and directed the 2nd defendant to deposit a sum of Rs.23,99,247/- along with interest at the rate of 12% per annum. Challenging the said findings, the appellants have preferred the present appeal.

2. Today, when the matter taken up for hearing, the learned counsel for the Appellant appeared and submitted that during pendency of appeal, the entire amount was deposited before the trial court and out of which, 50% of award amount was withdrawn by the respondent/claimant by filing E.P.No.1 of 2018. Before the trial court, there is no documentary 2\4

proof to disprove the claim of defendants, however, they are having valid defence to prove their case. Now, the respondent agrees to receive the balance 50% of the amount as full and final settlement and to that effect, a memo was filed by the respondent/plaintiff. Recording the memo, this Appeal Suit is disposed of. The respondent/plaintiff is permitted to withdraw balance amount with accrued interest. No costs. 08.08.2023 Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp To I Addl. District and Sessions Judge, Cuddalore.

3\4

T.V. THAMILSELVI, J.

rpp A.S. No.131 of 2019 08.08.2023 4\4