The petitioner sought damages and injunctions for defamation. Both sides compromised, with the defendants undertaking to abide by interim orders. The petitioner wished to withdraw the suit based on this compromise.
Suit dismissed as withdrawn. No costs awarded. Court fee to be refunded to the registry.
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.
C.S. No.128 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.02.2023
CORAM : JUSTICE N.SESHASAYEE
C.S. No.128 of 2016
M/s.63 moons Technologies Limited [Formerly known as Financial Technologies (India) Limited] Represented by its Authorised Signatory Mr.John Deepak having its registered office at Shakti Tower - II, 7th Floor E-766, Anna Salai, Thousand Lights Chennai - 600 002 (Amended as per order dated 06.08.2021 made in A. No.2684 of 2021)
.... Plaintiff
Vs
1.Madhu P Desai Trustee of NSEL Aggrieved and Recovery Association (NAARA) Olympus House, 1st Floor Ragunath Dadaji Street Off. Rustomji Sidhwa Marg Fort, Mumbai 400 001
2.NSEL Aggrieved and Recovery Association (NAARA) Represented by its Trustee Olympus House, 1st Floor
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C.S. No.128 of 2016
Ragunath Dadaji Street Off. Rustomji Sidhwa Marg Fort, Mumbai 400 001
.... Defendants
Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of CPC for a judgment and decree (a) directing the 1st and 2nd defendants to pay jointly or severally the sum of Rs.1,00,00,000/- (Rupees One Crore only) as compensation to the plaintiff for having caused severe damage and defamation; (b) directing the 1st and 2nd defendants publish an unconditional apology in prominent newspapers; (c) granting an order of permanent injunction restraining the defendants from publishing or writing any false, defamatory and slanderous material about the plaintiff and its management; directing the 1st and 2nd defendants to pay the costs of the suit.
For Plaintiff : M/s.Waron and Sairams For Defendants : Ms.Madhupreetha Elango
JUDGMENT
Both sides have compromised the matter. The terms of the Joint Memo of Compromise is disclosed in the letter of the second defendant dated 22.11.2022 addressed to the plaintiff, wherein, they have given an undertaking to abide by the interim order passed by this court in O.A. No.142 of 2016 in C.S. No.128 of 2016 at all times. Based on this undertaking letter given by the defendants, the
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C.S. No.128 of 2016
plaintiff wants to withdraw the suit. The said Joint Memo of Compromise along
with the letter is recorded . The suit is dismissed as withdrawn. No costs. The Registry is required to refund the court fee, as per law.
13.02.2023
Asr
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C.S. No.128 of 2016
N.SESHASAYEE.J.,
Asr
C.S. No.128 of 2016
13.02.2023
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M/s.63 moons Technologies Limited
Madhu P Desai
NSEL Aggrieved and Recovery Association (NAARA)
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
