Madras High CourtCS/608/2012dismissed as settled out of court

M/S.Kaya Infraatech Projects v. M/S.Uco Bank

2021-03-31Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2021

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM M/s.Kaya Infraatech Projects A Partnership Firm having its Presently having Office at No.6, 6th Cross Street, CIT Colony, Mylapore, Chennai 600 004.

Rep.by two of its Partners

(1) Mr.S.V.Ranga Reddy

(2) Mr.K.Venkatanarasimha Reddy ... Plaintiff Vs.

(1) M/s UCO Bank, Rep.by its Circle Head, UCO Bank Buildings, 328, Thambu Chetty Street, Chennai 600 001.

(2) M/s. UCO Bank Mid Corporate Branch, T.Nagar, Rep, by its Chief Manager, At No.67, Burkit Road, T.Nagar, Chennai 600 017

(3) Mr.Chittaranjan Mishra Authorised Officer, M/s. UCO Bank, Mid Corporate Branch at No.67, Burkit Road, T.Nagar, Chennai 600 017.

... Defendants 1/3

Prayer: Civil Suit is filed under Order VII Rule 1 of the CPC r/w Order IV Rule 1 of the Original Side Rules, praying to grant decree and judgment against the defendants herein a) holding that the defendants are jointly and severally liable to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only), towards damages, for the arbitrary and illegal acts of the third defendant, which cause mental agony and suffering to the plaintiff and his partners, due to the misuse of the authority under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (b) for a permanent injunction restraining the defendants 2 and 3, from making any debit entries, in the Banking Account of the plaintiff, with regard to the alleged expenses and charges incurred in the process of initiating the proceedings under the SARFAESI Act, 2002, by the 3rd defendant and also interest there for and c) to pay the cost of this suit.

For Plaintiff : M/s.Rathina Asohan For Defendants : No appearance

JUDGMENT

The learned counsel for the plaintiff has filed a memo stating that the suit is settled out of court. Memo Recorded.

2. The suit is dismissed as settled out of Court. The Registry is directed to re-fund the court fee as per rules.

31.03.2021 (5/5) Vv P. RAJAMANICKAM,J.

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Vv (5/5) 31.03.2021 3/3