The petitioners withdrew two writ petitions filed under Article 226 challenging 'Take or Pay' demands and bank guarantee invocations. The court dismissed the petitions as withdrawn and closed connected miscellaneous petitions without costs.
No relief granted; petitions withdrawn and dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.Nos.5219 and 5220 of 2012
and
M.P.Nos.1 and 1 of 2012 and M.P.No.1 of 2014
M/s.Santhosh Textile Process represented by its Partner C.Udayashankar ... Petitioner in W.P.No.5219 of 2012 M/s.Sree Santhosh Garments represented by its Proprietor C.Chandramohan ... Petitioner in W.P.No.5220 of 2012 Vs.
1.New Tirupur Area Development Corporation Ltd., represented by its Managing Director ANURAG, 15, Murray's Gate Road, Alwarpet, Chennai-600 108.
2.The General Manager, M/s. New Tirupur Area Development Corporation Ltd., Having its registered office at No.37, Rassi Towers, Ground Floor, JG Nagar, Kumaranandapuram, 60 Feet Road, Tirupur- 641 602. ...Respondents in both writ petitions
PRAYER in W.P.No.5219 of 2012 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents herein, their men, servants, agents or anyone claiming under them from in any manner demanding, collecting or enforcing the demand for "Take or Pay" as claimed by them or invoking the Bank Guarantee for the same or from taking any other coercive measures and direct them to levy demand only for the actual volume consumed at the rate of Rs.50/- per kilo litre with effect from June 2011.
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PRAYER in W.P.No.5220 of 2012 : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents herein, their men, servants, agents or anyone claiming under them from in any manner demanding, collecting or enforcing the demand for "Take or Pay" as claimed by them or invoking the Bank Guarantee for the same or from taking any other coercive measures and direct them to levy demand only for the actual volume consumed at the rate of Rs.50/- per kilo litre with effect from 21.02.2011.
When these matters came up for hearing, the learned counsel for the petitioners sought leave of this Court to withdraw these writ petitions and he has also made endorsements to that effect.
2.Recording the said endorsements made by the learned counsel for the petitioners, these writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mrp To 1. The Managing Director New Tirupur Area Development Corporation Ltd., ANURAG, 15, Murray's Gate Road, Alwarpet, Chennai-600 108.
2.The General Manager, M/s. New Tirupur Area Development Corporation Ltd., Having its registered office at No.37, Rassi Towers, Ground Floor, JG Nagar, Kumaranandapuram, 60 Feet Road, Tirupur- 641 602.
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+1cc to Mr.P.Giridharan, Advocate SR.89793
W.P.Nos.5219 and 5220 of 2012 and M.P.Nos.1 and 1 of 2012 and M.P.No.1 of 2014
RSI(CO) CB(13/12/2019)
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1 provisions across 1 enactments
M/s. Santhosh Textile Process
M/s. Sree Santhosh Garments
New Tirupur Area Development Corporation Ltd.
V. Bharithidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
