M/S Ptk Architects v. Rockman Industries Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.VENUGOPAL AND THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN O.S.A.No.279 OF 2017 1.

M/s.PTK Architects, a Partnership Firm, having its Office at No.1, Second Street, Wallace Gardens, Chennai 600 006, rep. by its Managing Partner, Mr.P.T.Krishnan 2.

P.T.Krishnan 3.

R.Suresh Babu ... Appellants vs.

Rockman Industries Chennai Private Limited, No.3/66, I Floor, Luz Avenue 5th Street, Mylapore, Chennai 600 004 (Formerly Sargam Diecastings Private Ltd.

having its registered Office at No.2, Ramavaram Road, Manapakkam, Chennai, Tamil Nadu - 600 089).

... Respondent Original Side Appeal filed under Order XXXVI Rule 1 of the O.S. Rules read with Clause 15 of the Letters Patent against the Judgment and Decree dated 05.04.2017 passed in C.S.No.457 of 2013 on the file of this Court. For Appellants :

Mr.K.F.Manavalan For Respondent :

Mr.S.Venkataraman * * * * *

J U D G M E N T

(Judgment of the Court was made by M.VENUGOPAL,J.) Learned Counsel for the Appellants/Plaintiffs has made an endorsement in the Memorandum of Grounds of Appeal to the following effect:

"This Appeal is withdrawn seeking liberty to approach the proper forum by appropriate legal proceedings."

2.

Recording the aforesaid fact and the endorsement so made, the present Original Side Appeal is dismissed as withdrawn. It is abundantly made quite clear by this Court that the dismissal of the present Original Side Appeal will not preclude the Appellants/Plaintiffs to approach the competent forum, if there are no legal impediments in this regard and to seek redressal of their grievance, if they so desire. No costs. (M.V.,J.) (S.V.N.,J.) 22.03.2018 Index :

Yes Internet :

Yes Speaking Order :

Yes (aeb)

M.VENUGOPAL,J.

AND S.VAIDYANATHAN,J.

(aeb) Judgment in O.S.A.No.279 of 2017 22.03.2018