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Madras High CourtCS/252/2000dismissed with modification

Indusind Bank Ltd. v. Premier Housing And Industries

2018-10-01Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.10.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.252 of 2000 Indusind Bank Ltd., represented its duly constituted attorney Sri.V.Govindarajan No.34, G.N.Chetty road, T.Nagar, Chennai  600 012 .. Plaintiff (As amended order dated 12.09.2018 in A.Nos.6886 & 6887 of 2018) Vs.

1.Premier Housing and Industrial Enterprises Limited represented by its Director M.Narayanamurthi Karumuthu Centre No.498, Chennai  600 035.

2.Mr.M.Narayanamurthi C-1, Lalitha Terrace, No.4, East Abhiramapuram First Street, Mylapore, Chennai  600 004. .. Defendants This Civil Suit is preferred, under Order IV Rule of the Original Side rules and Order VII Rule 1 of CPC, to direct defendants to pay the sum of Rs.74,94,795/- being the amounts due and payable by the defendants under the Inter Corporate deposits dated 19.09.1996 together with the sum of Rs.78,43,694/- being the amounts due and payable by the defendants under the Bill Discounting facility dated 02.07.1997, both aggregating to a sum of Rs.1,53,38,489/- (Rupees one crore fifty three lakhs thirty eight thousand four hundred and eighty nine only); to pay further interest on the said sum at the rate of 36% per annum, compounded monthly, as the causes being commercial and for costs.

For Plaintiff : Ms.P.Stella Mary For Defendants : Mr.A.Saleem

JUDGMENT

This suit is listed under the caption 'For Withdrawal' at request of counsel on record for the plaintiff. 2.Ms.P.Stella Mary, learned counsel representing the counsel on record for plaintiff is before this Commercial Division today.

3. Aforesaid learned counsel representing the counsel on record for plaintiff has made an endorsement in the suit file, which reads as follows:- 'This Hon'ble Court shall permit the plaintiff to withdraw the suit since the matter has been settled out of Court.'

4.The endorsement is reiterated in the hearing today. Learned counsel for plaintiff seeks refund of Court fee as per the applicable laws and rules. 5.In the light of the aforesaid endorsement in the suit file and reiteration of the same in the hearing today, this suit stands dismissed as withdrawn. Registry to process refund of Court fee to the plaintiff by way of an instrument in the name of plaintiff as per applicable operating Law and Rules in this regard. There shall be no order as to costs.

01.10.2018 Index : Yes/No gpa/mp M.SUNDAR, J.

gpa/mp C.S.No.252 of 2000 01.10.2018