The suit filed for a sum of Rs. 1.59 crore under Order IV Rule 1 of the O.S Rules and Order VII Rule 1 CPC was dismissed. The court treated the suit as withdrawn based on a filed memo of compromise stating the matter was settled outside court.
Suit dismissed as withdrawn - settled outside court; registry to examine refund of court fees.
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C.S.No.700 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.700 of 2010
Sri Krishna Tiles & Potteries (Madras) Pvt. Ltd.,
Rep. by its Director,
Flat A-1, New No.187,
'Kumara Vijayam'
Royapettah High Road,
Mylapore,
Chennai – 600 004. .. Plaintiff
/versus/
Rasika Ranjani Sabha,
Rep.by its Secretary,
No.30/1, Sundareswarar Street,
Mylapore,
Chennai – 600 004. .. Defendant
This Civil Suit is filed under Order IV Rule 1 of the O.S Rules read with Order VII Rule 1 of the Code of Civil Procedure, 1908, prayed to pass a Judgment and Decree, against the defendant,
a).for a sum of Rs.1,59,17,210.00 together with interest at the rate of 12% per annum;
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C.S.No.700 of 2010
b).for costs of the suit; and
c).for such further or other relief as may be deemed fit and necessary in the circumstances of the case.
For Plaintiff : Mr.Praveen S Kumar
For Defendant : M/s.Sri Vidhya Aravindan
JUDGMENT
Heard learned counsel for the plaintiff and also the learned
counsel for the defendant.
2.A Memo of Compromise had been filed by the learned
counsel for the plaintiff, which is as follows:
“The Plaintiff states that the matter
came up before the Hon'ble Commercial Court on
16.09.2020 and at the request of the Plaintiff
Counsel it was adjourned to 1st week of October,
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C.S.No.700 of 2010
2020. As the Plaintiff do not want to pursue the
matter any further, the suit may be treated as being 'withdrawn as settled outside Court' and this
Hon'ble Court may direct refund of Court Fees.
Therefore this Hon'ble Court may kindly dispose the suit as 'Withdrawn – Settled outside Court' and direct refund of Court Fees amounting to Rs.1,62,698/- and thus render justice.” 3.In view of the said memo, the suit is dismissed as withdrawn as settled out of Court, Registry may examine refunding the Court fee in accordance with the Rules. No order as to costs.
13.10.2020
smv
Internet : Yes / No Index : Yes / No Speaking Order : Yes / No
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C.S.No.700 of 2010
smv
C.V.KARTHIKEYAN,J.
C.S.No.700 of 2010
13.10.2020
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2 provisions across 2 enactments
Sri Krishna Tiles & Potteries (Madras) Pvt. Ltd.
Rasika Ranjani Sabha
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
