The Court dismissed a civil suit filed by a development finance company against several defendants for recovery of dues as it was settled out of court. Consequently, connected applications were closed and court fees were ordered refunded.
Civil suit dismissed as settled; court fees refund directed; connected applications closed.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 02ND DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE R. SUBRAMANIAN
C.S.No. 11 of 2003 and O.A.No. 27 of 2003 and A.No. 112 of 2003
Agri Development Finance (Tamil Nadu) Limited., Rep.by its Vice-President Mr. Mohan Ganesh, 3rd Floor, Nabard Regional Office Building, No.48, Mahatma Gandhi Road, Nungambakkam, Chennai – 34.
... Plaintiff/Applicant (in all the applications)
-Vs-
https://hcservices.ecourts.gov.in/hcservices/ Secretariat Colony, Kilpauk, Chennai – 600 010.
4.
2
C.S.No. 11 of 2003 :-
Civil suit praying that this Hon'ble Court be pleased to pass a Judgment and decree :
a) Pass a Judgement and Decree directing the defendants to pay jointly and severally a sum of Rs.1,83,47,587/- together with interest at the rate of 19.61% per annum on Rs.70,00,000/- (excluding interest tax) from the date of this suit, till the date of repayment.
b) In default, the properties mentioned in Schedule-A, Schedule-B and Schedule-C to be sold and the proceeds (after defraying the expenses of the sale) applied in and towards the payment of the amount of the said principal and interest and costs.
c) That, if such proceeds shall not be sufficient for the payment in full and such amount the defendants 2 to 4 may be ordered personally to pay to
https://hcservices.ecourts.gov.in/hcservices/ the Plaintiff, the amount of deficiency with interest thereon at the rate of
19.61% per annum until realisation.
3
d) Directing the Defendants to pay the costs of the suit.
O.A.No. 27 of 2003 :-
Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the respondents from alienating the properties mortgaged to the applicant herein more specifically mentioned in
the Schedule hereunder pending disposal of the suit.
A.No. 112 of 2003 :-
Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to seize and sell the hypothecated materials mentioned in Schedule-C after taking an inventory, by calling for sealed tenders through public auction and credit the sale proceeds to the credit of the suit account, after defraying the expenses of the sale.
This Civil Suit along with these applications coming on this day before this Court for hearing in the presence of Ms.Anbarasi Rajendran, For M/s. Anand, Abdul & Vinodh Associates, Advocates for the Plaintiff in C.S.No. 11 of 2003 and for the Applicant in O.A.No. 27 of 2003 and A.No.112 of 2003 and M/s. S.B.S. Raman and Associates, Advocates for
https://hcservices.ecourts.gov.in/hcservices/ the defendants 1 & 2 in C.S.No. 11 of 2003 and for the Respondents 1 & 2
4
in O.A.No. 27 of 2003 and A.No. 112 of 2003 and Mr.A.Narayanan, Advocate for the 3rd defendant in C.S.No. 11 of 2003 and for the 3rd respondent in O.A.No. 27 of 2003 and A.No. 112 of 2003 and Mr.Marappan, For Mr.G.R.Lakshmanan, Advocates for the 5th defendant in C.S.No. 11 of 2003 and for the 5th respondent in O.A.No. 27 of 2003 and A.No. 112 of 2003 and the 4th defendant / 4th respondent herein not appearing in person or by advocate and upon reading the plaint filed in C.S.No. 11 of 2003 and the Judges Summons and the Affidavit of Mohan Ganesh filed in O.A.No. 27 of 2003 and the Judges Summons and the Affidavit of Mohan Ganesh, filed A.No. 112 of 2003 and the memo dated 18/03/2022 filed herein, disclosing the current name of the plaintiff and the learned counsel for the Plaintiff having submitted that the suit itself has been settled out of Court and seeks permission to withdraw the suit and doth recording the said statement and, it is ordered as follows:-
That the Suit in C.S.No. 11 of 2003 be and is hereby dismissed as settled out of Court.
and Suits Valuation Act XIV of 1955 (Amended Act), do issue herein, out https://hcservices.ecourts.gov.in/hcservices/ of and under the seal of this Court in favour of M/s.Nabkisan Finance
5
Limited., the plaintiff herein, authorising them to receive from the Pay and
Accounts Office, High Court, Chennai, a sum of Rs.1,87,003/- (Rupees One Lakhs Eighty Seven Thousand Three only) being the entire Court fee paid on the plaint by the plaintiff herein.
closed.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 02ND DAY OF SEPTEMBER 2021.
Sd/-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
6
ED
25.03.2022
C.S.No. 11 of 2003 and O.A.No. 27 of 2003 and A.No. 112 of 2003
ORDER :
DATED : 02/09/2021
THE HON'BLE MR. JUSTICE
R. SUBRAMANIAN
FOR APPROVAL: 25.03.2022
APPROVED ON : 29.03.2022
7
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.11 of 2013 and
A.No.112 of 2003 & O.A.No.27 of 2003
Agri Development Finance (Tamil Nadu) Limited, Rep. By its Vice-President, Mr.Mohan Ganesh, 3rd Floor, NABARD Regional Office Building, No.48, Mahatma Gandhi Road, Nungambakkam, Chennai – 34.
...Plaintiff
Vs.
8
7th Block, Jayanagar, Bangalore – 560 082.
5.The Manager, Dena Bank, Nungambakkam Branch, Chennai. ...Defendants
Prayer: Plaint filed under Order XXXIV Rule 1 C.P.C., r/w. Order XXXVII Rule 1 of the Original Side Rules, praying as follows:-
a) pass a judgment and decree directing the defendnats to pay jointly and severally a sum of Rs.1,83,47,587/- together with interest at the rate of 19.61% per annum on, Rs.70,00,000/- (excluding interest tax) from the date of this suit till the date of repayment.
b) In default, the properties mentioned in Schedule-A, Schedule-B and Schedule-C to be sold and the proceeds (after defraying the expenses of the sale) applied in and towards the payment of the amount of the said principal and interest and costs.
c) That, if such proceeds shall not be sufficient for the payment in
full the defendants 2 to 4 may be ordered to pay to the plaintiff, the amount of deficiency with interest thereon at the rate of 19.61% per annum until realisation.
d) directing the defendants to pay the costs of the suit.
9
For Plaintiff : Ms.Anbarasi Rajendran for M/s.Anand, Abdul & Vinodh For Defendants : M/s.S.B.S.Raman and Associates for D1 & D2 Mr.A.Narayanan for D3 Mr.Marappan for Mr.G.R.Lakshmanan for D5 D4 – No Appearance J U D G M E N T
Ms.Anbarasi Rajendran representing M/s.Anand, Abdul &
Vinoth, learned counsel for the plaintiff would submit that the suit itself has been settled out of Court and seeks permission to withdraw the suit.
suit is dismissed as settled out of Court. Consequently, connected applications are closed.
the plaint by issuing a cheque, may be in the current name of the plaintiff.
10
the current name of the plaintiff.
List of witness and documents marked on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
Sd./- R.S.M.J. 02.09.2021
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the Civil Suit can be dismissed as settled out of Court upon the plaintiff's counsel recording a statement to that effect.
1 provisions across 1 enactments
Agri Development Finance (Tamil Nadu) Limited.
M/s. Capsein Bio-Lab Limited.
Mr. J. Laxminarayanan
Mr. M.S. Chandramouli
Mr. E.G. Jagannath
The Manager, Dena Bank, Nungambakkam Br.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
