Seetha Chidambaram v. Venkatachalam Chidambaram
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 22ND DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Seetha Chidambaram, Riviera, No.11, River View Road, Kotturpuram, Chennai- 600 085 ..Plaintiff vs 1.Venktacahalam Chidambaram, Flat No.GA and GB, Riviera Park, No.11, Fourth Main Road Extension, Kotturpuram, Chennai- 600 085 2.Alagammai Chidambaram, No.34, Maybury Court, Marylebone Street, London W1G 8JF, United Kingdom ..Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree:
(i)Directing the first defendant to pay a sum of Rs.2,63,01,500 (Rupees two crores and sixty three lakhs one thousand and five hundreds only) to the plaintiff together with interest at 10% per annum on
Rs.2,50,00,000(Rupees two crores and fifty lakhs only) from the date of the plaint till the date of realisation.
(ii)Directing the first defendant to pay the costs of this suit. This civil suit coming on this day before this Court for hearing in the presence of Mr.T.M.Pappiah, Advocate for the plaintiff herein and Mr.Hariharan, Advocate for the 2nd defendant herein and upon reading the plaint filed herein and the memo dated 18.03.2022 having been filed by the counsel for plaintiff wherein it has been stated that the suit has been settled between the plaintiff and the defendants herein, and the plaintffs herein seeks permisson of this court to withdraw the suit as "dismissed as settled out of court" and the counsel for the plaintiff herein having requested this court to direct the Registry to refund the full Court Fee and this Court doth recording the said memo, it is ordered as follows :- That the suit in C.S.No.110 of 2008 be and is hereby dismissed as settled out of Court.
2. That a certificate under section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Amendment Act) do issue herein, out of and under the seal of this court in favour of Mr.T.M.Pappiah, counsel for the plaintiff herein, authorising him, to receive from the Pay and Accounts
Office, High Court Chennai, for a sum of Rs.2,66,540/- (Rupees Two Lakhs Sixty Six Thousand Five Hundred and Forty only) being the entire court fee paid on the plaint by the plaintiff herein.
3. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22ND DAY OF MARCH 2022.
Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
DL 31.03.2022
ORDER
DATED : 22.03.2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN FOR APPROVAL: 04.04.2022 APPROVED ON : 06.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Seetha Chidambaram ... Plaintiff Vs.
1.Venkatachalam Chidambaram 2.Alagammai Chidambaram ... Defendants Prayer:
Plaint filed under Order IV Rule 1 of O.S.Rules, 1956 Read with Order VII Rule 1 of the Code of Civil Procedure, 1908 to pass a judgment and decree as follows: (i) directing the first defendant to pay a sum of Rs.2,63,01,500 (rupees two crores and sixty three lakhs and one thousand and five hundreds only) to the plaintiff together with interest at 10% per annum on Rs.2,50,00,000 (rupees two crores and fifty lakhs only) from the date of the plaint till the date of realisation; (ii) directing the first defendant to pay the costs of this suit; and (iii) granting such further or other reliefs as this Court may deem fit and proper in the Circumstances of the case. For Plaintiff : Mr.T.M.Pappiah For Defendants : Mr.Haraiharan for D2
J U D G M E N T
Learned counsel for the plaintiffs has filed a memo dated 18.03.2022 wherein it has been stated that the suit has been settled between the plaintiff
and the defendants, the plaintiffs seek permission of this Court to withdraw the suit as "dismissed as settled out of Court" and also the counsel for the plaintiff requested the Court to direct the Registry to refund the full Court Fee. The memo is recorded.
2.Registry is directed to refund the full Court Fee in the name of counsel for the plaintiff.
3.In view of the above, this suit is dismissed as settled out of Court. There shall be no order as to costs.
Sd./-P.V.J.
22.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
List of documents marked on the side of the plaintiff Nil List of witnesses examined on the side of the plaintiff Nil List of documents marked on the side of the defendants Nil List of witnesses examined on the side of the defendants Nil