The High Court of Madras dismissed a money recovery suit filed by Dena Bank against Venkateswara Silk Mills as settled out of court, ordered a refund of court fees, and directed the registry to return original documents.
Suit dismissed; court fees refunded; original documents returned to plaintiff's counsel.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.1973 of 1995
Dena Bank
G.T.Branch
Rep. by Senior Manager ... Plaintiff
Versus
1. Sri. Venkateswara Silk Mills,
Rep. by its Managing Partner
2. G.Kuppuswamy
3. K.Suryakumari
4. K.Venkatesh
5. K.Munuswamy ... Defendants
Plaint filed under Order IV Rule 1 of Original Side Rules Order 34 Rule 1 of CPC read with Order VII Rule 1 of C.P.C. prays (i) Directing the defendants to pay a sum of Rs.4,96,896/- within a period to be stipulated by this Hon'ble Court along with interest on the principal sum of Rs.489427/- at 20.75%, with quarterly rests: (ii) In the event of the failure on the part of the defendants to pay the said amount within the period stipulated, to bring the mortgaged properties for sale and to appropriate the sale proceeds after defraying with the sale expenses. (iii) In the event of the sale proceeds not being sufficient to meet the amount to be decreed, to pass a personal decree against the defendants. (iv) To pass a charge
2
decree over the plant machinery and materials appended to schedule 'C' to the plaint, subject to the of Tamil Nadu Industrial Investment Coporation Limited. (v) direct the defendants to pay the costs of the suit (vi) grant such further or other reliefs as this Hon'ble Court may deem fit and proper.
The learned counsel for the plaintiff has made the following endorsement:
"The suit has been settled out of Court. The suit may be dismissed as settled out of Court. Court fee paid may be ordered to be refunded. The documents relating to the mortgaged property listed in schedule 'B' to the plaint may be ordered to be returned to the plaintiff's counsel so as to hand over to same to the plaintiff for enabling them to return the same to the mortgagors."
3
18.09.2017
sji/srn
4
C.V.KARTHIKEYAN, J.
sji
C.S.No.1973 of 1995
18.09.2017
3 provisions across 1 enactments
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
