SOUTHERN WIND FARMS LTD Vs. VISALAKSHI

JUDGEMENT

(1.) These Civil Revision Petitions challenge the Order passed by the learned Principal Commercial Court at Egmore, Chennai, in the Applications filed to reopen the side of the Defendant and to recall DW1. These 16 revisions arise out of 8 Suits that were originally presented before this Court in the year 2009. All the Suits were presented for recovery of money.

(2.) The common plea of the Plaintiff(s) is that they had paid several sums of money to the First Defendant for the supply, erection and commissioning of windmills by the said Defendant. The First Defendant received the amount but had did not proceed further. When the Plaintiff(s) called upon the First Defendant to refund the amount, it washed his hands off by stating that it had sold the business, lock, stock and barrel to the Second Defendant and therefore, the Second Defendant, who is answerable to the claim.

(3.) The Plaintiff(s) Being frustrated at the manner in which the First and Second Defendants handled the money owed to them, came forward with the Suits. The Defendants were served with the summons and filed their Written Statement. Thereafter, the matter went for trial before the Original Side of this Court. The evidence of the Plaintiff(s) were concluded, and it was listed for the evidence of the Defendants.