Madras High CourtCS/621/2010dismissed as settled out of court

S.M.Rahmathullah & Another v. P.Jayaraman (Deceased)

2022-02-03Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 03rd DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE N.SESHASAYEE 1.Mr.S.M.Rahmathullah, No.174, Angappa Naicken Street, Chennai - 600 001.

2.Mr.H.Seyed Ariff, No.23, N.S.C.Bose Road, Chennai - 600 079.

: Plaintiffs Vs 1.Mr.P.Jayaraman, (deceased) 'C' Block, Ground Floor, Gemini Parsn Apartments, No.599, Anna Salai, Chennai - 600 006.

2. Mr.J.Vijay Venkatesh, A/9-2, Gemini Parsn Apartments, No.599, Anna Salai, Chennai - 600 006.

3.Mr.H.Ahmed Rumaiz Deen, 14/3, Whannels Road, Egmore, Chennai - 600 008.

4.M/s Aeronet Technologies Private Ltd., 14, Periyar Road, T.Nagar, Chennai - 600 017.

5.M/s Gagan Media Private Ltd., 14, Periyar Road, T.Nagar, Chennai - 600 017.

6.Mr.Ratnakumar, No.14, Periyar Road, T.Nagar, Chennai - 600 017.

* 7.Mrs.Vinaya Jayaraman, W/o Late Mr.P.Jayaraman, 'C' Block, Ground Floor, Gemini Parsn Apartments, No.599, Annasalai, Chennai 600 006.

... Defendants *(Impleaded as per order dated 12/7/13 in A.No.4899/12) Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree jointly and severally against the defendants 1 and 2:- a) directing the 1st and 2nd defendants to pay a sum of Rs.2,90,21,690/- along with interest @ 18% per annum from the date of the suit till realization.

b) for a permanent injunction restraining the 1st and 2nd defendants from in any manner alienating, selling, transferring, encumbering, disposing off or in any manner creating any third party rights or dealing with the Schedule F and Schedule G properties, till the suit claim is fully satisfied. c) pay the cost of the suit.

This Suit coming on this day before this court for hearing through video conference in the presence of Mr.N.K.Sivakumar, Advocate for the Plaintiffs herein and Mr.V.Chandrakanthan, Advocate for the defendants 1, 2 and 7 herein, and upon reading the pleading and the memo dated 01.02.2022 filed herein and it is represented that the matter has been settled

out of court, it is ordered as follows:

That the suit in C.S.No.621 of 2010 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 (1) S.M.Rahmathullah and

(2) H.Seyed Ariff, the Plaintiffs herein, authorising them to receive from the Pay and Accounts Office, High Court, Chennai a sum of Rs.2,93,900/- (Rupees Two Lakhs Ninety Three Thousand and Nine Hundred only) being the entire court fee paid on the plaint by the plaintiffs herein.

3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03rd DAY OF FEBRUARY 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.

MU 17.02.2022 ORDER :- DATED: 03.02.2022 THE HON'BLE MR. JUSTICE N.SESHASAYEE FOR APPROVAL: 18.02.2022 APPROVED ON: 21.02.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE 1.Mr.S.M.Rahmathullah 2.Mr.H.Seyed Ariff ...Plaintiffs Vs.

1.Mr.P.Jayaraman (deceased) 2.Mr.J.Vijay Venkatesh 3.Mr.H.Ahmed Rumaiz Deen 4.M/s. Aeronet Technologies Private Ltd., 14, Periyar Road, T.Nagar, Chennai - 600 017.

5.M/s.Gagan Media Private Ltd., 14, Periyar Road, T.Nagar, Chennai - 600 017.

6.Mr.Ratnakumar, 7.Mrs. Vinaya Jayaraman ... Defendants (Impleaded as per order dated 12.07.2013 in A.No.4899/12) Prayer: The Civil Suit has been filed under Order IV Rule 1 of Original Side Rules Read with Order VII Rule 1 & 2 of Code of Civil Procedure ; (a) directing the 1st and 2nd Defendants to pay a sum of Rs.2,90,21,690/- along with interest @ 18% per annum from the date of the suit till realization.

(b) for a permanent injunction restraining the 1st and 2nd defendants from in any manner alienating, selling, transferring, encumbering, disposing off or in any manner creating any third party rights or dealing with the Schedule F and Schedule G properties, till the suit claim is fully satisfied ; (c) pay the cost of the suit; and (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 : Mr.N.K.Sivakumar For D1, D2, and D7 : Mr.V.Chandrakanthan

JUDGMENT

(This case has been heard through video conference) It is represented that the matter has been settled out of Court and a memo is filed to that effect.

2.Therefore, the suit is dismissed as settled out of Court. No costs. The Registry is required to refund the Court fee as per law. Sd./-N.S.S.J.

03.02.2022 //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.