A civil suit for specific performance was dismissed as withdrawn by consent of the plaintiff, who stipulated refund of court fees.
Suit dismissed as withdrawn. No order as to costs.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.723 of 2007
Bank of Baroda
Rep.by its Asst. General Manager,
Corporate Financial Services Branch
T.Nagar, Chennai – 600 017. .. Plaintiff
Vs.
Southern Petrochemical Industries Corporation Ltd
“SPIC House”
88, Anna Salai,
Guindy
Chennai 600 032 .. Defendant
This Civil Suit is preferred, under Order VII Rule 1 of The Code of Civil Procedure Read with Order IV Rule 1 of the High Court Original Side Rules; to pass judgment and decree, against the Defendant, For SPECIFIC PERFORMANCE, directing the defendant to buy back the participator Notes styled as “New Rupee Notes”, more fully described in Schedule hereto, in terms of the Letter of Indemnity dated 26.02.04, equivalent to original FRNs [having face value of USD 13.40 Million (equivalent to converted Rupee Note value of Rs.38,86,00,000/-)] from the plaintiff; and for costs.
For Plaintiff : Mr.K.Harishankar For Defendants : Mr.A.Jenasenan
2
JUDGMENT
Learned counsel for plaintiff submits that plaintiff has given
instructions for withdrawal of the suit. Saying so, learned counsel on record
for plaintiff has made an endorsement in the suit file, which reads as
follows:
' The plaintiff submits that the suit may be dismissed as settled out of Court and Court fee may be refunded.
-sd/-
Counsel for Plaintiff'
2. Learned counsel on record for plaintiff reiterates the aforesaid
endorsement.
reiteration of the same by counsel on record for plaintiff, this suit is
dismissed as withdrawn. There shall be no order as to costs.
prevailing applicable Rules for issue of refund by way of an instrument in
favour of the plaintiff.
Index : Yes/No
15.11.2018
gpa/mp
3
M.SUNDAR, J.
gpa/mp
C.S.No.723 of 2007
15.11.2018
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
