The High Court of Madras dismissed two civil suits as settlers out of court based on a joint statement that the dispute was compromised before the NCLT. A certificate for refund of court fees was issued to the plaintiffs.
Suits dismissed as settled; Certificate for refund of court fees issued; No costs awarded.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 22ND DAY OF NOVEMBER 2021
THE HON'BLE MR. JUSTICE N. SESHASAYEE
C.S. No. 680 of 2017
M/s. Narendra Properties Ltd., Represented by its Managing Director, Mr. Chirag Maher, Having its Office at Makanji House 2nd Floor, 49 (Old 25), Barnaby Road, Kilpauk, Chennai – 600 010. ... Plaintiff
-Vs-
M/s Statco Infraprojects Ltd., Represented by Mr. Manoj Kantibhai Sheth, Managing Director, Aged about 54 Years, No. 4/4, Ground Floor, Justice Ramanujam Street, Malavya Avenue, Chennai – 600 041. ... Defendant
Civil Suit praying that this Hon'ble Court may be pleased to pass a Judgment and Decree against the defendant;
a) Directing the defendant to pay the sum of Rs.87,50,000/- (Rupees Eighty-Seven Lakhs Fifty Thousand only), together with interest on https://hcservices.ecourts.gov.in/hcservices/ Rs.50,00,000/- Principal at the rate of 18% per annum from the date of
Plaint till the date of realization in full.
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b) pay the cost of the suit to the Plaintiffs.
This Civil Suit along with the Tr.C.S.No. 331 of 2019 coming on this day before this court for hearing in the presence of M/s Aiyar and Dolia, Advocates for the Plaintiff herein and Mr.Vaibhav R. Venkatesh, Advocate for the Defendant herein and upon reading the Plaint filed herein in C.S.No.680 of 2017 and both sides made a joint statement that the dispute between the parties has been compromised before NCLT, consequent to which, both the suits are withdrawn as settled out of Court, it is ordered as
follows:-
That the suit in C.S.No. 680 of 2017, be and is hereby dismissed as settled out of Court.
to receive from the Pay and Accounts Office, High Court, Madras, a sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.91,025/- (Rupees Ninety One Thousand Twenty Five only) being the
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entire Court Fee paid on the Plaint by the Plaintiff herein.
3. That there shall be no costs of this suit.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22ND DAY OF NOVEMBER 2021.
Sd/ASSISTANT REGISTRAR (O.S.II) //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.
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ED
28.12.2021
C.S. No. 680 of 2017
ORDER
DATED: 22.11.2021
THE HON'BLE MR. JUSTICE N.SESHASAYEE
FOR APPROVAL: 28/12/2021
APPROVED ON: 03/01/2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.680 of 2017 and Tr.C.S.No.331 of 2019
1.M/s.Narendra Properties Ltd. Represented by its Managing Director Mr.Chirag Maher Having its office at : Makanji House 2nd Floor 49 (Old No.25) Barnaby Road
Kilpauk, Chennai – 600 010.
... Plaintiff in CS.No.680 of 2017
2.M/s.Statco Infraprojects Pvt. Ltd., No.4/4, Ground Floor Justice Ramanujam Street
Malavya Avenue, Chennai – 600 041.
... Plaintiff in Tr.C.S.No.331 of 2019
Vs.
No.4/4, Ground Floor
Justice Ramanujam Street Malavya Avenue, Chennai – 600 041.
... Defendant in C.S.No.680 of 2017
2.M/s.Narendra Properties Ltd. Represented by its Managing Director Mr.Chirag Maher
Having its office at :
Makanji House 2nd Floor
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49 (Old No.25) Barnaby Road Kilpauk, Chennai – 600 010.
... Defendant in Tr.CS.No.331/2019
Prayer in CS.No.680 of 2017 : Civil Suit filed under Order VII Rule 1 and
2 of the CPC read with Order IV Rule 1 & 2 of the Original Side Rules praying to pass a judgment and decree against the defendant :
Prayer in Tr.CS.No.331 of 2019 : Civil Suit filed under Order VII Rule 1 of CPC praying to pass a judgment and decree :
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In C.S.No.680 of 2017 :
For Plaintiff : M/s.Aiyar and Dolia For Defendant : Mr.Vaibhav R.Venkatesh
In Tr.C.S.No.331 of 2019 :
For Plaintiff : Mr.Vaibhav R.Venkatesh For Defendant : M/s.Aiyar and Dolia
COMMON JUDGMENT
Both sides made a joint statement that the dispute between the parties
has been compromised before NCLT, consequent to which, both the suits are withdrawn as settled out of Court.
required to refund the Court fee to the respective plaintiff's as per law. No costs.
Sd./-N.S.S.J.,
22.11.2021
//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.
2 issues framed by the court
Whether the suits should be dismissed as settled out of court upon joint statement of compromise.
Whether court fees should be refunded upon settlement of the suits.
2 provisions across 2 enactments
M/s. Narendra Properties Ltd.
M/s Statco Infraprojects Ltd.
N. Seshasayee
Munishwar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
