Madanlal Babulal Chowatia v. M/S.J.K.Petrochemicals

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2019

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR and A.No.2050 of 2018 1.Madanlal Babulal Chowatia 2.Sharad Kumar Jain ... Plaintiffs Vs 1.M/s.J.K.Petrochemicals a partnership firm by its partnership E-88, Kirti Nagar, New Delhi-110015.

2.Hitesh Kothari S/o. Jayanti Lal Kothari E-88, Kirti Nagar, New Delhi-110015.

3.Rajesh Kothari, S/o.Tara Chand Kothari, Nirmal Niketan, 1st Floor, 221, Khetwadi Main Road, Mumbai- 400 004.

... Defendants Civil Suit filed under Order VII Rule 1 of the High Court Original Side Rules read with Order XXXVII Rule 1 of CPC to direct the defendants to pay jointly and severally to the plaintiffs the sum of Rs.13,66,31,802.00 (Rupees 1/4

Thirteen Crore Sixty Six Lakhs Thirty One Thousand Eight Hundred and Two only) as the total sum payable to the first plaintiff being Rs.4,46,66,598.00 (Rupees Four Crores and Forty Six Lakhs and Sixty Six Thousand and Five Hundred and Ninety Eight only) and interest thereon being Rs.1,96,53,303.00 (Rupees One Crore Ninety Six Lakhs and Fifty Three Thousand and Three Hundred and Three only) in all Rs.6,43,19,901.00 (Rupees Six Crore Forty Three Lakhs Nineteen Thousand and Nine Hundred and One only) and the amount payable to the second defendant being plaintiff the sum of Rs.5,02,16,598.00 (Rupees Five Crores and Two Lakhs and Sixteen Thousand and Five Hundred and Ninety Eight only) and interest thereon being Rs.2,20,95,303.00 (Rupees Two Crores Twenty Lakhs Ninety Five Thousand and Three Hundred and Three only) in all Rs.7,23,11,901.00 (Rupees Seven Crores Twenty Three Lakhs Eleven Thousand Nine Hundred and One only); and b) interest at the rate of 12% from the date of filing the suit till the date of payment of the amount due; and c) costs of the suit;

For Plaintiff : Mr.T.V.Lakshmanan For defendants : Mr.K.V.Sanjeev Kumar 2/4

J U D G M E N T

When the matter was taken up for hearing, the learned counsel for the plaintiff sought leave of this Court to withdraw this Civil Suit as the matter has been settled out of the Court and he has also made an endorsement to that effect.

2.Recording the said endorsement, this Civil Suit is dismissed as withdrawn. The Court fee paid already may be refunded. Consequently, connected application is closed.

11.11.2019 pnn Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order 3/4

N.SATHISH KUMAR, J.

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