This court disposed of a suit filed for declaration and injunction regarding a Term Sheet. The suit was dismissed as settled out of the court, with an office to refund the court fee.
Suit dismissed as settled out of court; Office directed to refund entire Court fee upon acknowledgment from learned counsel for the plaintiff.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.222 of 2017
M/s. BRIGADE ENTERPRISES LIMITED 29th & 30th Floors, WTC, Brigade Gateway Campus, 26/1 Dr.Rajkumar Road, Malleswaram, Bangalore – 560 055 Represented by its COO
... Plaintiff //vs// 1. M/s. Crysttal Creations (India) Private Limited, No.321, (Old No.125), TTK Road, Alwarpet, Chennai – 600 018, Represented by its Managing Director
... Defendants
Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of the Civil Procedure Code, 1908 for directing that the termination of the Term Sheet dated 23.09.2016 by the Defendant No.1 vide email dated 07.02.2017 is illegal, contrary to the terms of the Term Sheet and non-est in law; and permanent injunction restraining the Defendant No.1 from alienating or
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encumbering to any other party apart from the Plaintiff and / or developing with any party apart from the plaintiff, the property which is subject matter of the Term Sheet, admeasuring 5 acres situated in Survey No.316/part, 317/24A Kotivakkam Village, Sholinganellur Taluk, kanchipuram District, Tamil Nadu and for costs.
For Plaintiff : Mr.R.Senthil Kumar
JUDGMENT The learned counsel for the plaintiff has made the following endorsement:-
“Suit may be permitted to be withdrawn as the issue in the suit have been settled for the plaintiff seek refund of entire Court fee.” 2. In view of the same, the suit is dismissed as settled out of the Court. Office is directed to refund the
entire Court fee after obtaining proper acknowledgment from the learned counsel for the plaintiff.
R.s/22.11.217 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the suit filed by the plaintiff praying for declaration and injunction on a settled issue may be permitted to be withdrawn.
2 provisions across 2 enactments
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
