Madras High CourtA/316/2020dismissed

M/S.Changshu Wealthy Science And Technology Co. Ltd v. M/S.Oren Hydercarbons Private Limited

2020-01-27Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 27TH DAY OF JANUARY 2020 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN A.No.316 of 2020 IN C.S.No.197 of 2019 M/s.Changshu Wealthy Science and Technology Co. Ltd., 8,Jiyu Road, Jiangsu Changshu Advanced Material Industrial Park Changshu City, Jiangsu Province China Represented by its Sales Director Mr.Bai Jishuai ..Applicant/Plaintiff /Vs./ M/s.Oren Hydrocarbons Private Limited, 28/2B, Saravana Street, T.Nagar, Chennai-600 017 Tamil Nadu Represented by its Managing Director Mr.Rizwan Ahmad ..Respondent/Defendant Application praying that this Hon'ble Court be pleased to direct the Registry of Hon'ble High Court at Madras to issue the cheque for the refund of court fees in C.S.(Comm. Div.) No.197 of 2019, to and in favour of Applicant/ Plaintiff's counsel Mr.A.V.B.Krishnakanth.

This Application coming on this day before this Court for hearing, the Court made the following order: The suit was filed for recovery of money with interest. Pending suit, the parties have settled their dispute out of Court. The same was reported through memo. Recording the settlement, the Court has dismissed the suit on 10.01.2020. The suit has been settled out of Court with the direction to the Registry to refund the Court fee as https://hcservices.ecourts.gov.in/hcservices/ per law.

2. Now the present application is taken out by the plaintiff with the prayer to direct the Registry to issue a cheque for the refund of Court fee in favour of the plaintiff's counsel instead of the plaintiff.

3. This Court on verifying the affidavit sworn by the plaintiff in the presence of Advocate and Notary Mr.V.Ramalingam find that this affidavit is sworn on 28.11.2019, whereas, judgment was passed only on 10.01.2020. The signature of the plaintiff found in the affidavit is in English. On comparing the same with the signature of the plaintiff in memo of compromise it does not tally. Hence the application is dismissed with liberty to file proper petition with affidavit.

Sd./-G.J.J 27.01.2020 //Certified to be true copy// Dated at Madras this the day of 2020. JJ 04/02/2020 COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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