Southern Petrochemical v. Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.11.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.89 of 2009 Southern Petrochemical Industries Corporation Ltd "SPIC House"

88, Anna Salai, Mount Toad, Guindy Chennai 600 032 Represented by its Chief Manager (Taxation) Mr.K.Govindan .. Plaintiff Vs.

Bank of Baroda Rep.by its Asst. General Manager, Corporate Financial Services Branch T.Nagar, Chennai - 600 017.

.. Defendant This Civil Suit is preferred, under Order VII Rule 1 of The Code of Civil Procedure Read with Order IV Rule 1 of the High Court Original Side Rules; to pass judgment and decree, against the Defendant, to pay the sum of Rs.13,32,42,421/- together with interest at the rate of 11% per annum on the sum of Rs.10,30,08,001/- from the date of suit till the realization of the entire amount and costs of the suit and for costs. For Plaintiff : Mr.A.Jenasenan For Defendants : Mr.K.Harishankar

JUDGMENT

Learned counsel for plaintiff submits that plaintiff has given instructions for withdrawal of the suit. Saying so, learned counsel on record for plaintiff has made an endorsement in the suit file, which reads as follows:

'The plaintiff submits that the suit may be dismissed as settled out of Court.

-sd/- Counsel for Plaintiff'

2. Learned counsel on record for plaintiff reiterates the aforesaid endorsement.

3. In the light of the aforesaid endorsement in the suit file and reiteration of the same by counsel on record for plaintiff, this suit is dismissed as withdrawn. There shall be no order as to costs. 4.Registry to process refund of Court fee in accordance with prevailing applicable Rules for issue of refund by way of an instrument in favour of the plaintiff.

15.11.2018 Index : Yes/No

M.SUNDAR, J.

gpa/mp C.S.No.89 of 2009 15.11.2018