M/S.Meenakshi Enterprises Ltd. v. A.Nithya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 10TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. No. 372 of 2020 Under Order XXXVII of the Code of the Civil Procedure, 1908 & Order VII Rule 1 of the Madras High Court Original Side Rules 1956 M/s.Meenakshi Enterprises Limited, A Company registered under the Provisions of the Companies Act, 1956, Represented by its Director, Mr.S.G.F.Melkha Singh, No.45, Venkata Maistry Street, Mannady, Chennai-600 001.
... Plaintiff Vs.
A.Nithya, Wife of Arul Sundaram, 11, Raghupathynaiken Palayam, Annaikapalayam Railway Colony, Lakkapurampudur, Erode - 638 002.
... Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgement and decree:
(a) Directing the defendant to pay a sum of Rs.1,32,30,280/- together with interest at 12% interest on the principal sum of Rs.1,00,00,000/- from the date of institution of the suit to the date of repayment.
(b) Directing the defendant to bear the costs of this suit. This suit coming on this day before this court for hearing through video conferencing in the presence of Mr.Hari Krishnan for Mr.Sharath Chandran, Advocates for the Plaintiff herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that the matter has been settled out of Court and therefore seeks permission of this Court to withdraw the suit and the refund of Court fee may be ordered to be paid to the counsel on record for the plaintiff since the plaintiff will not be in a position to come to the Court personally due to the present lockdown, and he has also sent an e-mail to that effect to the Registry of this Court and this Court doth recording the same, and it is ordered as follows:- That the suit in C.S. No. 372 of 2020 be and is hereby dismissed as settled out of Court.
2. That a certificate under section 69 of Tamil Nadu Court Fees and Suit Valuation Act XIV of 1955, do issue herein, out of and under the seal of this court, in favour of Sharath Chandran, the Counsel for the plaintiff herein, authorising him, to receive from the Pay and Accounts Office, High Court, Madras, a sum of Rs. 1,35,830/- (Rupees One Lakh Thirty Five thousand Eight hundred and Thirty Only) being the entire Court fee paid on the plaint by the Plaintiff herein.
3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 10TH DAY OF JUNE 2021.
Sd/- ASSISTANT REGISTRAR (O.S. I) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 05.07.2021 C.S. No. 372 of 2020
ORDER
DATED: 10.06.2021 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 06/07/2021 APPROVED ON: 14/07/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.S.No.372 of 2020 M/s.Meenakshi Enterprises Limited, A Company registered under the Provisions of the Companies Act, 1956, Represented by its Director, Mr.S.G.F.Melkha Singh, No.45, Venkata Maistry Street, Mannady, Chennai-600 001.
... Plaintiff Vs.
A.Nithya ... Defendant Prayer : This Suit is filed under Order XXXVII Rule 1 of the Code of Civil Procedure red with Order VII Rule 1 of the Madras High Court Original Side Rules, 1956.
For Plaintiff : Mr.Hari Krishnan for Mr.Sharath Chandran
J U D G M E N T
(The case has been heard through video conference) Mr.Hari Krishnan, learned counsel representing the counsel on record
for the plaintiff has submitted that the matter has been settled out of Court and therefore seeks permission of this Court to withdraw the suit.
2. He has also sent an e-mail to that effect to the Registry of this Court and the same is recorded.
3. He would also submit that the refund of Court fee may be ordered to be paid to the counsel on record for the plaintiff since the plaintiff will not be in a position to come to the Court personally due to the present lockdown.
4. After recording the submission of the learned counsel for the plaintiff, this Suit is dismissed as settled out of Court. No costs.
5. Registry is directed to refund the entire Court fee to the counsel on record for the plaintiff.
Sd./-A.Q.J.
10/06/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.