M/S.Kothar International v. M/S.Soundar Rajan & Co.Pvt.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.08.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA 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 1/4

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".

2/4

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

PUSHPA SATHYANARAYANA.J srn 20.08.2019 4/4