Money-recovery suits against a partnership firm and its partners were dismissed after the parties amicably settled out of court; counsel made an endorsement and refund of court fee was directed.
Refund of court fee to plaintiffs' counsel; no costs.
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.Nos.946 and 947 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :18.07.2024
CORAM:
THE HON'BLE MR. JUSTICE P.B. BALAJI
C.S.Nos.946 and 947 of 2009
Mohana Prasad Kasturi Pandarinath
.... Plaintiff in C.S.No.946 of 2009
.... Plaintiff in C.S.No.947 of 2009
vs
1.Gemini International Rep by A.P.Dwarakanath 80, Ramasamy Street, Mannady, Chennai-600 001.
5.A.P.Mani
6.A.L.Balasubramanian
7.N.M.Murthy 8.P.G.Lakshmipathy 9.P.G.Lakshmipathy (HUF) Rep by P.G.Laksmipathy
... Defendants 1 to 9 in both the suits
10.Kasturi Pandarinath
... 10th Defendant in C.S.No.946 of 2009 ... 10th Defendant in C.S.No.947 of 2009
C.S.Nos.946 and 947 of 2009
C.S.No.946 of 2009:
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of Civil Procedure Code praying for (i) directing the defendants 1 to 7 to pay to the plaintiff the admitted and undisputed sum of Rs.60,69,699/-;(ii) for appointment of a Commissioner to scrutinize the accounts of the 1st defendant firm for the period 1.04.2005 to 28.02.2006 and to determine the actual amount due and payable to the plaintiffs, in accordance with law and directing the said defendants to pay to the plaintiff such sum as may be found due to them on such scrutiny of accounts with interest at 18% p.a from 1.03.2006 till date of payment and (iii) directing the defendants 1 to 7 to pay to the plaintiffs interest at 18% per annum on a sum of Rs.36,89,787/- from the date of suit till the date of payment.
C.S.No.947 of 2009 :
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of Civil Procedure Code praying for (i) directing the defendants to pay to the plaintiff the admitted and undisputed sum of Rs.55,97,188/-;(ii) for appointment of a Commissioner to scrutinize the accounts of the 1st defendant firm for the period 1.04.2005 to 28.02.2006 and to determine the actual amount due and payable to the plaintiffs, in accordance with law and directing the said defendants to pay to the plaintiff such sum as may be found due to them on such scrutiny of accounts with interest at 18% p.a from 1.03.2006 till date of payment and (iii) directing the defendants 1 to 7 to pay to the plaintiffs interest
C.S.Nos.946 and 947 of 2009
at 18% per annum on a sum of Rs.36,89,787/- from the date of suit till the date of payment.
For Plaintiff in both the suits : Mr.G.Rajkumar
For Defendants in both the suits : Mrs.R.Ramya
COMMON JUDGMENT
The learned counsel for the plaintiffs submitted that the parties have amicably resolved their dispute and hence, the suits may be dismissed as settled
out of court and prayed for refund of Court fee. He has also made an endorsement to that effect in the court bundle.
18.7.2024
sr
Index:yes/no Speaking Order/Non-speaking order
C.S.Nos.946 and 947 of 2009
P.B.BALAJI,J.,
sr
To
The Section Officer, Original Side (Records), High Court, Chennai.
Common Judgment in C.S.Nos.946 and 947 of 2009
18-7-2024
1 provisions across 1 enactments
Gemini International Rep by A.P.Dwarakanath
A.P.Dwarakanath
D.Mahesh
Mrs.Kasturi Dwarakanath
A.P.Mani
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
