High Court of Madras dismissed a commercial suit for recovery of money and return of machinery as withdrawn by the plaintiff upon mutual settlement between parties.
Suit dismissed as withdrawn; security documents returned to defendants; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2018
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Civil Suit No.329 of 1996
and
Application No.1713 of 2014
M/s.A.V.Thomas Industrial Products Ltd
22, Marshals Road,
Egmore,
Madras 600 008.
... Plaintiff
-Versus-
1.Avigna Oil Mills Ltd.,
1664, 21st Main Road,
Anna Nagar West,
Madras 600 040.
2.N.S.Krishna Kumar,
1664, 21st Main Road,
Anna Nagar West,
Madras 600 040
... Defendant
Suit filed under Order IV, Rule 1 of the Madras High Court [Original Side] Rules, 1956 r/w order VII Rule 1 of the Code of Civil Procedure, 1908 for a decree (i) directing the defendants to pay a sum of Rs.94,45,485.49 paise to the plaintiff jointly and severally together with interest @ 21% per annum with quarterly rests being a commercial transaction under section 34 of CPC from the date of plaintiff till date of payment in full; (ii) directing 1st defendant to return of the plant and machinery set out in the
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schedule to the plaint or to pay a sum of Rs.5,57,867.95, if machinery is not in working condition, (iii) direct the defendants to pay a sum of Rs.30,000/- as damages p.m. until return of the schedule mentioned machinery to the plaintiff or payment of its value.
For Plaintiff : Mr.Ragul Balaji
For Defendant : Mr.C.Seethapathy
JUDGEMENT
Suit for recovery of a sum of Rs.94,45,485.49 paise from the defendants jointly and severally together with interest @ 21% per annum with quarterly rests being a commercial transaction under section 34 of CPC from the date of plaintiff till date of payment in full; (ii) return of the plant and machinery set out in the schedule to the plaint or recovery of a sum of Rs.5,57,867.95, if machinery is not in working condition, (iii) damages of Rs.30,000/- p.m. until return of the schedule mentioned machinery to the plaintiff or payment of its value and (iv) for costs.
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24.04.2018 kmk
Plaintiff’s side witness: Nil Defendant’s side witness: Nil Plaintiff’s side exhibits: Defendant’s side exhibits:
24.04.2018
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V.BHARATHIDASAN.J.,
kmk
Civil Suit No.329 of 1996
24.04.2018
M/s.A.V.Thomas Industrial Products Ltd
Avigna Oil Mills Ltd.
N.S.Krishna Kumar
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
