The High Court dismissed a suit filed for recovery of money and sale of mortgaged properties. The court allowed the plaintiff to withdraw the suit upon an affidavit stating the matter was amicably settled out of court.
Civil Suit dismissed as settled out of Court. Court fee refunded. No costs.
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C.S.No.637 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.08.2019
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
C.S.No.637 of 2002
Kothari International Trading Limited, Chennai 600 034, Represented by its Authorised Signatory, Mr.S.Vaithi Venkatesan ... Plaintiff Vs
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Plaint under Order XXXIV Rule 1 of C.P.C read with Order XXXVII Rule I of O.S. Rules prays for a judgment and decree against the defendants jointly and severally (a) for a sum of Rs.2,41,00,000 together with further interest at 18% per annum from the date of filing of the suit till the date of payment (b) to pass a decree by directing the sale of the properties mortgaged in Schedule "A" if the defendants do not pay the amounts within the time fixed by this Court (c) If the sale proceeds of the sale of the properties mentioned in Schedule "A" are not sufficient to meet the outstanding amounts due to the plaintiff, to pass a personal decree against fourth defendant.
JUDGEMENT
When the matter is taken up for hearing today, the learned counsel for the plaintiff submits that the matter has been amicably settled between the parties out of Court and he seeks permission of this Court to withdraw the suit by filing a memo dated 19.08.2019. He has also made the following endorsement.
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for the plaintiff and the endorsement so made, the Civil Suit is dismissed as settled out of Court. No costs. The Registry is directed
to refund the Court fee to the plaintiff as per rules.
20.08.2019
srn
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C.S.No.637 of 2002
PUSHPA SATHYANARAYANA.J
srn
C.S.No.637 of 2002
20.08.2019
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Pushpa Sathyananya
As recorded by the court registry
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