An appeal against the dismissal of a suit seeking permanent injunction was dismissed. The High Court affirmed the Trial Court's finding that the suit was not maintainable as it was barred by the State Financial Corporations' Act due to the arbitration/maintainability in DRAT forum issues and that the prayer had become infructuous.
No costs.
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.
A.S(MD)No.71 of 2019 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
A.S(MD)No.71 of 2019 and CMP(MD).No.3957 of 2019
M/S.JEYA FRUITS COLD STORAGE, REP.BY ITS MANAGING PARTNER, T.JEYASINGH, MALE, 61 YEARS, S/O.THANGAIAH, DOOR NO.2-26, ARANKUVILAI, MARUTHOORKURICHI, KATTATHURAI POST 629 158. KANYAKUMARI DISTRICT ...APPELLANT/PLAINTIFF VS 1 THE CHAIRMAN, TAMIL NADU INDUSTRIAL INVESTMENT CORPORATION LTD., NEW NO.692, ANNA SALAI, NANDANAM, CHENNAI 600 035. CORPORATION CITY OF CHENNAI.
2 THE BRANCH MANAGER, TAMIL NADU INDUSTRIAL INVESTMENT CORPORATION LTD., NO.143 CAPE ROAD, NAGERCOIL 629 001. VADIVEESWARAM VILLAGE, AGASTEESWARAM TALUK, KANAYAKUMARI DISTRICT. ... RESPONDENTS/DEFENDANTS 1 AND 2
3 T.G.SREEKUMARI, CO-PARTNER, M/S.JEYA FRUITS COLD STORAGE, DOOR NO.2-26, ARANKUVILAI, MARUTHOORKURICHI, KATTATHURAI POST 629 158. KANYAKUMARI DISTRICT.
... RESPONDENT/3RD DEFENDANT
(ADDITIONAL 3RD DEFENDANT IS IMPLEADED AS PER ORDER IN I.A.554 OF 2013)
Prayer: Appeal Suit is filed under Section 96 r/w. Order 41 Rule 1 of C.P.C., against the Judgment made in O.S.No.105 of 2011 passed by the Principal District Judge, Kanyakumari District at Nagercoil, dated 10.01.2019.
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A.S(MD)No.71 of 2019 and
For 2
For appellant : M/s. S. Palani Velayutham For 2nd respondent : Mr. G. Murugan For R1 & R3 : No Appearance
JUDGMENT
This Appeal Suit is filed against the Judgment and Decree, dated 10.01.2019 passed in O.S.No.105 of 2011, on the file of the Principal District Judge, Kanyakumari District at Nagercoil,
/ /2020 Sub Assistant Registrar(CS)
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A.S(MD)No.71 of 2019 and
trp
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Principal District Judge, Kanyakumari District at Nagercoil.
2.The Chairman Tamil Nadu Industrial Investment Corporation Ltd., New. No. 692, Anna Salai, Nandanam, Chennai – 600 035. Corporation City of Chennai.
3.The Branch Manager, Tamil Nadu Industrial Investment Corporation Ltd., No.143, Cape Road, Nagercoil – 629 001. Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
Copy to:
The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)
A.S(MD)No.71 of 2019 and CMP(MD).No.3957 of 2019
20.11.2020
NA (CO) NR (10/12/2020) 3P : 6C
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1 issue framed by the court
Whether the suit filed for permanent injunction is maintainable in a civil court when barred by Section 29 of the State Financial Corporations' Act.
2 provisions across 2 enactments
M/s. Jeya Fruits Cold Storage (Rep. by T. Jeyasingh)
The Chairman, Tamil Nadu Industrial Investment Corporation Ltd.
The Branch Manager, Tamil Nadu Industrial Investment Corporation Ltd.
T.G. Sreekumari
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
