The court dismissed the civil suit filed by Southern Petrochemical Industries Corporation Ltd against Bank of Baroda as withdrawn, based on the plaintiff's counsel's endorsement in the suit file indicating settlement out of court, with no order as to costs.
Suit dismissed as withdrawn; no order as to costs; registry to process refund of court fee.
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: 15.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.89 of 2009
Southern Petrochemical Industries Corporation Ltd
“SPIC House”
88, Anna Salai,
Mount Toad, Guindy
Chennai 600 032
Represented by its Chief Manager (Taxation)
Mr.K.Govindan .. Plaintiff
Vs.
Bank of Baroda
Rep.by its Asst. General Manager,
Corporate Financial Services Branch
T.Nagar, Chennai – 600 017. .. 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, to pay the sum of
Rs.13,32,42,421/- together with interest at the rate of 11% per annum on
the sum of Rs.10,30,08,001/- from the date of suit till the realization of the
entire amount and costs of the suit and for costs.
For Plaintiff : Mr.A.Jenasenan
For Defendants : Mr.K.Harishankar
JUDGMENT
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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.
-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reiteration of the same by counsel on record for plaintiff, this suit is dismissed as withdrawn.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.
Index : Yes/No
15.11.2018
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M.SUNDAR, J.
gpa/mp
C.S.No.89 of 2009
15.11.2018
1 issue framed by the court
Whether the suit should be dismissed as withdrawn based on the plaintiff's counsel's endorsement indicating settlement out of court.
2 provisions across 2 enactments
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
