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Madras High Court

Emmess Control Private Limited vs M/S.Supreme Power Equipment Pvt. Ltd on 27 November, 2017

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, N.Sathish Kumar

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER
and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A.Nos.457 to 461 and 927 and 928 of 2017
and C.M.P.No.11677 of 2017 in W.A.No.457 of 2017,
and C.M.P.No.14558 in W.A.No.927 of 2017,
and C.M.P.No.14559 of 2017 in W.A.No.928 of 2017

W.A.Nos.457 to 461 of 2017

EMMESS Control Private Limited,
Rep. by its Managing Director Mr.Srinivasan,
D.P.90, 91 & 92, SIDCO Industrial Estate,
Thirumazhisai, Chennai  124.      				      ...Appellant

vs.

1.M/s.Supreme Power Equipment Pvt. Ltd.
Rep. by its Managing Director, Mr.Vee.Rajmohan,
55, SIDCO Industrial Estate, Thirumazhisai,
Chennai  600 124.

2.M/s.Danya Electric Company,
Rep. by its Managing Partner Mr.K.V.Pradeep,
512/2, Nayapakkam High Road,
Papparambakkam Village, Thiruvallur Dist.
Papparambakkam  602 025.

3.M/s.Shree Abirami Engineering Works,
Rep. by its Managing Partner, Mr.Sirsabesan,
56, Arunachalam Main Road, Ambal Nagar, Porur,
Chennai  600 116.

4.M/s.Tamil Nadu Tansformers,
Rep. by its Partner, Mr.B.Arivalagan,
53, SIDCO Industrial Estate, Ranipet,
Vellore Dist. - 632 403.

5.M/s. Sri Ramakrishana Transformers,
Rep. by its Managing Partner Mr.A.Arun Kumar, 
52/1A, Morrattandi Vanur Taluk,
Viluppuram  605 101.

6.M/s.Suntech Transformers,
Rep. by its Partner Mr.B.Chandrasekaran,
52, SIDCO Industrial Estate, Ranipet,
Vellore Dist. - 632 403.

7.M/s.Willson Power & Distribution Technologies Pvt. Ltd.,
Rep. by its Managing Director Mr.Srinivasan,
Orakkadu Village, Cholavaram, Chennai -  600 067.

8.M/s.Suriya Electrical Enterprises,
Rep. by its Managing Partner Mr.Wenceslaus,
No.24 & 25/1, Anna Nagar, Kolathuvancherry,
Bharaniputhur Post, Chennai  600 122.

9.M/s.SL Electricals,
Rep. by its Proprietor Mr.Srinivasan,
No.325, Odaman Nagar, Vannagaram,
Chennai  600 095.

10.M/s.Lavanya Industries,
Rep. by its Partner Mr.P.R.Kannan,
No.4-A, Kuppuswamy Nagar,
Sivaboodhamedu, Pillayar Koil Street,
Vanagram, Chennai  600 095.

11.Sri Vinayagar Star Electricals,
Rep. by its Prop. C.Pethuraj,
No.9, Rajas Garden,
Mettukuppam Main Road,
Chettiar Agaram,
Chennai  77.

12.Vinai Electricals,
Rep. by its Partner A.Periyanayagam,
No.4/123, 1st Street,
Balaji Nagar, Koluthuvancherry,
Chennai  122.

13.V.K.Transformers,
Rep. by its Prop. A.Periyanayagam,
No.4/123, 1st Street,
Balaji Nagar, Koluthvancherry,
Chennai  122.
14.The Chairman,
Tamil Nadu Electricity Board,
No.144, Anna Salai, Chennai  2.

15.The Chief Engineer,
Material Management,
TANGEDCO,
No.144, Anna Salai, Chennai  2.

16.The Bureau of Indian Standards,
Rep. by its Chief Scientist,
Southern Region,
IV Cross Road, CIT Campus,
Taramani, Chennai  113.
...Respondents 

W.A.No.927 of 2017

Sri Venkateswara Engineering Works,
Rep. by its Proprietor Mr.P.Babu,
No.160, Sangaralingam Street,
Gerugambakkam, Chennai  128.	      			      ...Appellant

Vs.
1.M/s.SPS Transformers P.Ltd.,
Rep. by its General Manager,
Mr.K.R.Premkumar,
New No.1, Old No.7,
Dr.B.N.Road, 1st Street,
Chennai - 600 017.					       

2.The Chairman, Material Management,
TANGEDCO,
No.144, Anna Salai, Chennai  2.

3.The Chief Engineer, Material Management,
TANGEDCO, 4th Floor, Western Wing,
NPKRR Maligai,
144, Anna Salai, Chennai  2.

4.M/s.Supreme Power Equipment Pvt. Ltd.,
Rep. by M.D. Mr.Vee.Rajmohan,
No.55, SIDCO Industrial Estate,
Thirumazhisai, Chennai  124.
5.S.L.Electricals,
Rep. by its Prop. T.Srinivasan,
No.325, Odaman Nagar, Vannagaram,
Chennai  95.

6.SAP Industries,
Rep. by its CEO, R.Harirajan,
Plot No.51, Industrial Estate,
Thirumudivakkam, Chennai  44.

7.Sarayu Engineering,
Rep. by its CEO R.Venkateswaran,
No.35, Padiyur Road, Kulathur,
Dindugal  5.
				
8.Venkateswara Electrical Industries Pvt. Ltd.,
Rep. by its Managing Partner A.Sivasubramani,
No.74, Kundrathur Road, Porur, Chennai  76.

9.Bala Industries,
Rep. by its Managing Partner, S.A.Arulselvam,
No.53, Multi Industrial Nagar,
Gerugambakkam, Chennai  128.

10.Hindustan Transformers,
Rep. by its Managing Partner V.Ramesh,
No.37-B, SIDCO Industrial Estate,
Thirumazhisai, Chennai  124.

11.EMMESS Control Pvt. Ltd.,
Rep. by its Director Mr.Srinivasan,
D.P.90, 91 & 92, SIDCO Industrial Estate,
Thirumazhisai, Chennai  600 124.
12.M/s.EVR Electricals Pvt. Ltd.,
Rep. by its Director, Mr.Elumalai,
No.64, Ponni Amman Nagar,
Ayanambakkam, Chennai  05.

13.M/s.IPL Products,
Rep. by its Proprietor, A.Shanmugam Velayutham,
R-2 Industrial Estate, Chennai  32.

		...Respondents 
(Respondents 4 to 13 are 
given up by Appellants)

W.A.No.928 of 2017

EMMESS Control Pvt. Ltd.,
Rep. by its Director Mr.Srinivasan,
D.P.90, 91 & 92, SIDCO Industrial Estate,
Thirumazhisai, Chennai  600 124.
						...Appellant
Vs.
1.Current Electricals Ltd.,
Rep. by its Executive Director Mr.M.Saravanan,
Survey No.184/2 & 213,
Thirumudivakkam Village, (Near SIDCO),
Sriperumbudur, Kanchipuram Dist.,
Chennai  44.						       

2.The Chairman,
Tamil Nadu Electricity Board,
No.144, Anna Salai, Chennai  2.

3.The Chief Engineer,
Material Management, 4th Floor, Western Wing,
NPKRR Maligai, TANGEDCO, 144, Anna Salai, Chennai  2.

4.M/s.Supreme Power Equipment Pvt. Ltd.,
Rep. by M.D. Mr.Vee.Rajmohan,
No.55, SIDCO Industrial Estate,
Thirumazhisai, Chennai  124.

5.S.L.Electricals,
Rep. by its Prop. T.Srinivasan,
No.325, Odaman Nagar, Vannagaram,
Chennai  95.

6.SAP Industries,
Rep. by its CEO, R.Harirajan,
Plot No.51, Industrial Estate,
Thirumudivakkam, Chennai  44.

7.Sarayu Engineering,
Rep. by its CEO R.Venkateswaran,
No.35, Padiyur Road, Kulathur,
Dindigul  5.

8.Venkateswara Electrical Industries Pvt. Ltd.,
Rep. by its Managing Director A.Sivasubramani,
No.74, Kundrathur Road, Porur, Chennai  76.
9.Bala Industries,
Rep. by its Managing Partner, S.A.Arul Selvam,
No.53, Multi Industrial Nagar,
Gerugambakkam, Chennai  128.

10.Hindustan Transformers,
Rep. by its Managing Partner V.Ramesh,
No.37-B, SIDCO Industrial Estate,
Thirumazhisai, Chennai  124.
11.Sri Venkateswara Engineering Works,
Rep. by its Proprietor Mr.P.Babu,
No.160, Sangaralingam Street,
Gerugambakkam, Chennai  128.

12.M/s.EVR Electricals Pvt. Ltd.,
Rep. by its Director, Mr.Elumalai,
No.64, Ponni Amman Nagar,
Ayanambakkam, Chennai  95.
...Respondents 
(Respondents 4 to 12 are 
given up by Appellants)

		For Appellant in all the
		Writ Appeals		: Mr.J.Srinivasa Mohan
	        For R.14 & R.15  in       : Mr.Manishankar, 
		W.A.Nos.457 to 461       Addl.Advocate General
                 of 2017                         Asst. by Mr.S.K.Raameshwar 
                                                   
		For R.1 in W.A.Nos.	: Mr.Seetharaman
		927 & 928 of 2017         for  Mr.R. Sivaraman
	
		For R.2 & R.3 in		 : Mr.Manishankar
		W.A.Nos.927 & 928        Addl.Advocate General
		of 2017			  Asst. by Mr.S.K.Raameshwar  

Prayer in W.A.No.457 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.3778 of 2017 dated 02.03.2017 and grant such other suitable relief.
	
Prayer in W.A.No.458 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.3781 of 2017 dated 02.03.2017 and grant such other suitable relief.

Prayer in W.A.No.459 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.3782 of 2017 dated 02.03.2017 and grant such other suitable relief.

Prayer in W.A.No.460 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.3783 of 2017 dated 02.03.2017 and grant such other suitable relief.

Prayer in W.A.No.461 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.3784 of 2017 dated 02.03.2017 and grant such other suitable relief.
				
Prayer in W.A.No.927 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.14886 of 2017 dated 28.07.2017 and grant such other suitable relief.

Prayer in W.A.No.928 of 2017: Appeal filed under Clause 15 of Letters Patent, to allow this appeal thereby setting aside the order in W.P.No.14904 of 2017 dated 28.07.2017 and grant such other suitable relief.
COMMON JUDGMENT


[Order of the Court was made by RAJIV SHAKDHER, J.]

1.Mr.J.Srinivasa Mohan, advocate, who appears for the appellants in W.A.Nos.457 to 461 and 927 and 928 of 2017, says that, he has instructions, to convey to the Court, that the appellants, wish to withdraw the captioned appeals. 1.1.An endorsement to that effect has also been made on the paper book.

2.Accordingly, the writ appeals are dismissed as withdrawn, subject to the liberty to raise the issues referred in the connected appeal i.e., W.A.No.472 of 2017, albeit, in accordance with law. Consequently, connected pending miscellaneous petitions shall stand closed as well. No costs.

[R.S.A.,J.] [N.S.K.,J.] 27.11.2017 Index: Yes/No Internet: Yes/No Speaking order/Non-speaking order pam/sr RAJIV SHAKDHER, J.

and N.SATHISH KUMAR, J.

pam/sr To

1.The Chairman, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai  2.

2.The Chief Engineer, Material Management, TANGEDCO, No.144, Anna Salai, Chennai  2.

W.A.Nos.457 to 461 and 927 and 928 of 2017 and C.M.P.No.11677 of 2017 in W.A.No.457 of 2017, and C.M.P.No.14558 in W.A.No.927 of 2017, and C.M.P.No.14559 of 2017 in W.A.No.928 of 2017 27.11.2017