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Madras High Court

Kothari International Trading Limited vs M/S.Soundarrajan And Company Pvt.Ltd on 20 August, 2019

Author: Pushpa Sathyanarayana

Bench: Pushpa Sathyanarayana

                                                                    C.S.No.637 of 2002

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED :20.08.2019

                                                    CORAM

                          THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA

                                              C.S.No.637 of 2002

                      Kothari International Trading Limited,
                      Chennai 600 034,
                      Represented by its Authorised Signatory,
                      Mr.S.Vaithi Venkatesan                            ... Plaintiff

                                                       Vs

                      1. M/s.Soundarrajan and Company Pvt.Ltd.,
                         12, Tank Bund Road,
                         Nungambakkam,
                         Chennai 600 034.

                      2. M/s.Anusha International Limited,
                        12, Tank Bund Road,
                         Nungambakkam,
                         Chennai 600 034.

                      3. M/s.Aruna Sunrise International Limited,
                        145, Sterling Road,
                        Nungambakkam, Chennai 600 034.

                      4. Mr.M.Arun Pillai,
                         Managing Director,
                         M/s.Soundarrajan and Company Pvt.Ltd.,
                         12, Tank Bund Road,
                         Nungambakkam,
                         Chennai 600 034.                           ...Defendants




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http://www.judis.nic.in
                                                                            C.S.No.637 of 2002

                               Plaint under Order XXXIV Rule 1 of C.P.C read with Order
                      XXXVII Rule I of O.S. Rules prays for a judgment and decree against
                      the defendants jointly and severally (a) for a sum of Rs.2,41,00,000
                      together with further interest at 18% per annum from the date of
                      filing of the suit till the date of payment (b) to pass a decree by
                      directing the sale of the properties mortgaged in Schedule "A" if the
                      defendants do not pay the amounts within the time fixed by this Court
                      (c) If the sale proceeds of the sale of the properties mentioned in
                      Schedule "A" are not sufficient to meet the outstanding amounts due
                      to the plaintiff, to pass a personal decree against fourth defendant.


                               For Plaintiff           : Mr.G.Prabhakaran
                                                         for M/s.Ramasubramaniam & Asso.
                               For Defendants          : Ex-parte

                                                   JUDGEMENT

When the matter is taken up for hearing today, the learned counsel for the plaintiff submits that the matter has been amicably settled between the parties out of Court and he seeks permission of this Court to withdraw the suit by filing a memo dated 19.08.2019.

He has also made the following endorsement.

"Matter has been settled out of Court.
Pleased to permit us to withdraw the suit and refund the Court fees".
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http://www.judis.nic.in C.S.No.637 of 2002

2. In view of the submission made by the learned counsel for the plaintiff and the endorsement so made, the Civil Suit is dismissed as settled out of Court. No costs. The Registry is directed to refund the Court fee to the plaintiff as per rules.

20.08.2019 srn 3/4 http://www.judis.nic.in C.S.No.637 of 2002 PUSHPA SATHYANARAYANA.J srn C.S.No.637 of 2002 20.08.2019 4/4 http://www.judis.nic.in