M/S.S.B.International v. M/S.Standard Chartered Bank
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 15th DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No.252 OF 2008 1.M/s.S.B.International represented by its Proprietor, Mr.Mohammed Saud Ali * (Deceased) * 2.Sahani Begum W/o. Late Saud Ali * 3.S.Parvez Ahmed S/o. Late Saud Ali * 4.S.Jawed Ahmed S/o. Late Saud Ali * 5.Shahnaz Begum D/o. Late Saud Ali * 6.S.Kurshid Ahmed S/o. Late Saud Ali 2 to 6 are residing at New No.13, Old No.7, Ramaswamy Pillai Street, Barracks Road, Periamet, Chennai 600 003.
: Plaintiffs (*) Plaintiffs 2 to 6 are brought on record as legal heirs of deceased 1st plaintiff as per order dated 13.09.2019 in A.No. 6661 of 2019 and time extended as per order dated 22.10.2019 Vs.
M/s.Standard Chartered Bank Small Medium Enterprises Banking Consumer Banking Ground Floor, Jayalakshmi Estates, No.8, Haddows Road, Nungambakkam, Chennai - 6.
...Defendant Civil suit praying that this Hon'ble Court be pleased to direct the defendant to pay:- a) sum of Rs.10,00,000/- towards compensation in lieu of the loss suffered in business from February 2006 till 31.03.2007 b) sum of Rs.1,50,00,000/- towards the damages for the loss of goodwill and reputation in the plaintiff's business circle. c) cost of the suit.
This Civil suit alongwith C.S.No. 237 of 2008 coming on this day before this court for hearing in the presence of Mr.Jayesh Dolia, Advocate for the Plaintiff herein and Mrs.G.Shanthi Meenakshi for Mr.V.Adhivarahan, Advocates for the defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that the suit is settled out of court and this court doth recording the same, It is ordered as follows:- That the suit in C.S.No.252 of 2008, be and is hereby dismissed as settled out of court.
2. That a certificate under Section 69 of The Tamil Nadu Court Fees and Suits Valuation Act XIV of 1955 (Amended Act), do issue herein, out of and under the seal of this Court in favour of S.Jawed Ahmed, the 4th plaintiff herein, authorising him to receive from the Pay and Accounts office, High Court, Chennai, a sum of Rs.1,67,050/- (Rupees one lakh sixty seven thousand and fifty only) being the entire court fee paid on the plaint by the plaintiffs herein.
3. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JUNE 2021.
Sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
SK-24.08.2021 C.S.No. 252 of 2008 ORDER :- DATED : 15.06.2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL: 25.08.2021 APPROVED ON: 26.08.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.Nos.252 & 237 of 2008 C.S.No.252 of 2008 1.M/s.S.B.International represented by its Proprietor, Mr.Mohammed Saud Ali (Deceased) 2.Sahani Begum 3.S.Parvez Ahmed 4.S.Jawed Ahmed 5.Shahnaz Begum 6.S.Kurshid Ahmed ...Plaintiffs Vs.
M/s.Standard Chartered Bank Small Medium Enterprises Banking Consumer Banking Ground Floor, Jayalakshmi Estates, No.8, Haddows Road, Nungambakkam, Chennai - 6.
...Defendant Prayer in 252 of 2008: Plaint filed under Order VIII Rule 1 of C.P.C., r/w Order IV Rule 1 of the Original Side rules, praying as follows:- a) sum of Rs.10,00,000/- towards compensation in lieu of the loss suffered in business from February 2006 till 31.03.2007 b) sum of Rs.1,50,00,000/- towards the damages for the loss of goodwill and reputation in the plaintiff's business circle. c) cost of the suit d) pass such further or other orders as this Hon'ble Court may deem
fit and proper in the circumstances of the case and thus render justice. C.S.No.237 of 2008 M/s.Shahnaz Leathers represented by its Managing Partner, Mr.Mohammed Saud Ali, No.7, Ramasamy Pillai Street, Barracks Road, Periamet, Chennai - 600 003.
...Plaintiff Vs.
M/s.Standard Chartered Bank Small Medium Enterprises Banking Consumer Banking Ground Floor, Jayalakshmi Estates, No.8, Haddows Road, Nungambakkam, Chennai - 6.
...Defendant Prayer in 237 of 2008: Plaint filed under Order VIII Rule 1 of C.P.C., r/w Order IV Rule 1 of the Original Side rules, praying as follows:- a) sum of Rs.25,00,000/- towards compensation in lieu of the loss suffered in business from February 2006 till 31.03.2007 b) sum of Rs.2,00,00,000/- towards the damages for the loss of goodwill and reputation in the plaintiff's business circle. c) cost of the suit d) pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Plaintiffs in both the suits : Mr.Jayesh Dolia For Defendant in both the suit : Mrs.G.Shanthi Meenakshi for Mr.V.Adhivarahan
C O M M O N J U D G M E N T Mr.Jayesh Dolia, learned counsel appearing for the plaintiffs in both the suits would submit that both the suits are settled out of Court hence, the suits may be dismissed as settled out of Court. 2.Recording the said statement, these suits are dimissed as settled out of Court. No costs. The entire Court fee paid is directed to be refunded to the 4th plaintiff in C.S.No.252 of 2008 by issue of a cheque in the name of the 4th plaintiff and the counsel for plaintiff in C.S.No.237 of 2008 as requested by the counsel appearing for the plaintiffs. Sd./-(R.S.M.J.,) 15.06.2021 List of witness and documents filed on the side of the plaintiffs in both the suits:
Nil List of witness and documents filed on the side of the defendant in both the suits:
Nil Sd./-(R.S.M.J.,) 15.06.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.