The plaintiff in a commercial dispute filed by bill of restitution and permanent injunction sought permission to withdraw the suit. The court granted the application following the parties' settlement and ordered a refund of court fees.
Permission to withdraw the suit was granted and court fees were ordered to be refunded.
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.
C.S.No.479 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2019
CORAM
THE HONOURABLE MR.JUSTICE Krishnan Ramasamy
C.S.No.479 of 2016
M/s.Mahalaxmi & Sons, Registered partnership firm (Regn.No.829/2010), Rep.by its Managing Partner R.Sumer Chand Bafna, having its Office at No.8/1, Cenotaph Road, 1st Lane, Teynampet, Chennai – 600 018. ... Plaintiff Vs. 1.Photon Kathaas Production Private Limited, Rep.by its Directors, No.19, Avenue Road, Nungambakkam, Chennai – 600 034.
2.Mr.Venkataramanan Director, Photon Kathaas Production Private Limited, No.19, Avenue Road, Nungambakkam, Chennai – 600 034. 3.Ms.Reshma Ghatala, Director, Photon Kathaas Production Private Limited, No.19, Avenue Road, Nungambakkam, Chennai – 600 034. 4.Mr.Gautham Vasudev Menon, Principal Officer, Photon Kathaas Production Pvt. Ltd., No.19, Avenue Road, Nungambakkam, Chennai – 600 034. ... Defendants
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C.S.No.479 of 2016
Plaint filed under Order VII Rule 61 C.P.C. read with Order IV Rule 1 of the High Court Original Side Rules praying for:
(a) directing the defendants to pay to the plaintiff a sum of Rs.6,07,72,800/- with subsequent interest at the rate of 18% per annum on Rs.50,000,000/- from the date of plaint till date of realization.
(b) permanent injunction restraining the defendants from releasing the film titled “Accham Enbadhu Madamai Adda” without settling the amounts due and payable by the defendants to the plaintiff under Demand Promissory Notes dated 29.05.2015.
(c) permanent injunction restraining the 4th defendant from producing or directing any other film without settling the amounts due to the plaintiff.
(d) directing the defendants to pay the costs of this action.
(e) to pass such other and further orders this Hon'ble Court may deem fit.
For Plaintiff : Ms.Aruna Ganesh For defendants : Mr.Abdul Hameed for M/s.AAV Partners
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C.S.No.479 of 2016
J U D G M E N T
The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the suit and in this regard she
has also made an endorsement, which reads as follows:-
“The suit claim has been settled. The suit may
be dismissed as withdrawn. The full Court fee may
be ordered to be refunded by this Hon'ble Court.”
withdrawn, as the matter has been settled out of Court. Registry is directed to refund the full Court Fees as per the amended Section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) as amended by Tamil Nadu Act 6 of 2017 with effect from 01.03.2017 Act.
01.08.2019
AT
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C.S.No.479 of 2016
Krishnan Ramasamy,J.
AT
C.S.No.479 of 2016
01.08.2019
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2 issues framed by the court
Whether to grant permission to withdraw a suit where the parties have settled the dispute out of court.
Whether court fees should be refunded under Section 69 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 upon withdrawal.
Colour shows how this judgement treated each authority
noneReferred
3 provisions across 3 enactments
Photon Kathaas Production Private Limited
Mr. Venkataramanan
Ms. Reshma Ghatala
Mr. Gautham Vasudev Menon
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
