Pradeep Kothari v. Tamil Nadu Mercantile Bank

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 22.08.2024

CORAM:

THE HON`BLE MR.JUSTICE A.A.NAKKIRAN and A.No.4425 of 2021 Pradeep Kothari .. Plaintiff .Vs.

Tamilnad Mercantile Bank Limited Represented by Branch Manager T.Nagar Branch No.31, Sir Thiyagaraya Road Pondi Bazaar, T.Nagar Chennai-600 017.

.. Defendant Prayer: Civil Suit filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of O.S Rules, praying to pass the following judgment and decree against the defendants.

a) directing the defendant to pay a sum of Rs.1,00,00,000/- (Rupee One Crore only) towards exemplary damages with future interest at 18% per annum 1/4

from the date of suit till the date of realization. b) to declare that the order dated 30th October 2009 passed by the Debts Recovery Tribunal-II, Chennai in O.A No.109 of 2007 in favour of the defendant is a judgment and/or decree obtained by playing fraud by the defendant and hence be treated as nullity c) that this Court be pleased to declare that the order dated 30th October, 2009 passed by the Debts Recovery Tribunal in O.A No.109 of 2007 is not binding upon the plaintiff.

d) to pay costs of the suit.

For Plaintiff : Mr.Varun Srinivasan For Defendant : Mr.V.Chandrasekaran

J U D G M E N T

When this Civil Suit was taken up for hearing today, the learned counsel for the plaintiff submitted that the matter has been settled out of Court and the suit may be dismissed as settled out of Court and also made an endorsement to that effect in the Court bundle. 2/4

2. In view of the aforesaid submission and endorsement made by the learned counsel for the plaintiff, the Civil Suit is dismissed as settled out of Court. Court Fee is ordered to be refunded to the plaintiff as per law. Consequently, connected application is closed. 22.08.2024 Index : Yes/No Internet : Yes Speaking/Non-speaking order uma 3/4

A.A.NAKKIRAN,J.

uma and A.No.4425 of 2021 22.08.2024 4/4