Dismissed

E.Mohan v. M/s.Vari Marutheshwar Granites

Madras HC10 Aug 2021CS/292/2019

Case brief

AI extract

What is this about?

The plaintiff filed a suit under the Commercial Code and CPC requesting specific performance or refund against the first and second defendants. The parties subsequently settled the dispute, and the plaintiff filed a memo requesting dismissal of the suit. The court recorded the settlement and dismissed the suit.

What did the court decide?

Suit dismissed as settled; court fee refunded; connected application closed; no order as to costs.

E.Mohan Vs M/s.Vari Marutheshwar Granites — Company and Corporate | Madras HC (2021)

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C.S.No.292 of 2019 and A.No.3346 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.08.2021

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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C.S.No.292 of 2019
and A.No.3346 of 2019
E.Mohan
Proprietor
M/s.Sri Maruthi Exports
No.22, 2 nd Main Road
8 th Cross Street
Shenoy Nagar West
Chennai 600 030 ... Plaintiff
Vs.
1.M/s.Vari Maruteshwar Granites
AT & POST Huligeri
Kustagi Taluk, Koppal District
Karnataka State
2.State Bank of India
By its Senior Manager
Huligeri Branch
Kustangi Taluk
Koppal District
Karnataka State ... Defendants
1/4

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https://www.mhc.tn.gov.in/judis/

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C.S.No.292 of 2019 and A.No.3346 of 2019

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Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C, 1908 (Commercial Disputes), praying

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(a) Directing the 1^st defendant to supply the goods as per the Purchase order placed by the plaintiff with the 1^st defendant with specifications within such time as this Court may fix on receipts of the balance sale price of Rs.49,23,635/- or in the alternate direct the 1^st defendant to refund the sum of Rs.2,72,34,660/- (Rupees Two Crore Seventy Two Lakhs Thirty Four Thousand Six Hundred and Sixty only) being the refund of the money paid with interest monthly rests on Rs.2,00,00,000/- from the date of plaint till the date of actual realisation, the

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transaction being one Commercial in nature.

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(b) Costs of the suit.

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For Plaintiff : Mr.R.Thiagarajan

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For Defendants : Mr.Kalaiselvan for D1 Mr.K.Chandrasekaran for D2

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JUDGMENT

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(This case has been heard through video conference)

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The learned counsel appearing for the plaintiff has filed a memo

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stating that the parties have settled their dispute out of Court and hence

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2/4

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https://www.mhc.tn.gov.in/judis/

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C.S.No.292 of 2019 and A.No.3346 of 2019

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seeks leave to dismiss the suit as settled out of Court and also made a request to refund the Court fee in the name of Mr.R.T.Chidambaram, one of the counsels on record of the plaintiff.

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Recording the memo filed by the learned counsel for the

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plaintiff, the suit is dismissed as settled out of Court. The Court fee may be
refunded as prayed in the memo. Consequently, connected application is
also closed. There shall be no order as to costs.
10.08.2021
rpl

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3/4

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https://www.mhc.tn.gov.in/judis/

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C.S.No.292 of 2019 and A.No.3346 of 2019

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DR.G.JAYACHANDRAN, J.

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rpl

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C.S.No.292 of 2019
and A.No.3346 of 2019
10.08.2021

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4/4

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https://www.mhc.tn.gov.in/judis/

E.Mohan v. M/s.Vari Marutheshwar Granites

Case brief

What is this about?

What did the court decide?

E.Mohan v. M/s.Vari Marutheshwar Granites

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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