Kanna Chemie Pvt Ltd v. Taw Trading Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.S. No.379 of 2019 Kanna Chemie (P) Limited No.32, Swamy Street, muthupalaniappa Nagar, Nagalkeni, Chrompet, Chnnai-600 044.

... Plaintiff vs.

1. TAW Trading Corporation, No.55, Vepery High Road, Periamedu, Chennai-600 003.

2. T.Adnan Ahamed ... Defendants PRAYER: Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, prayed for a Judgment and Decree:- (a) directing the Defendants to pay Rs.2,18,87,380/- together with interest at the rate of 4% p.a. on Rs.1,32,35,434/- from the date of Plaint till the date of realization; and (b) for all costs of the suit.

For Plaintiff : Mr.V.Kuberan for M/s.Rank Associates For Defendants : Mr.S.Dhayaleswaran

J U D G M E N T

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Learned counsel for the plaintiff would submit that the dispute as between the parties has been settled out of Court. The endorsement to that effect has been made.

2. Learned counsel for the defendants would submit that an order of attachment has been made in A.No.4210 of 2019 dated 14.12.2021 with regard to the properties described in Schedule B, C, D, E, G, J and K to the Judge's summon. In view of the withdrawal of the suit, the said order of attachment will have to necessarily be raised. Hence, the same is raised. The Registry is directed to intimate this order to the concerned Sub Registrar Office about the raising of the order of attachment dated 14.12.2021.

3. In view of the above, the suit is dismissed as settled out of Court without any order as to costs. Consequently, the plaintiff shall be entitled to refund of the court fee as applicable.

10.04.2023 Index : Yes / No Internet : Yes / No kal K.KUMARESH BABU,J 2/3

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