Acolyte Soft Pvt. Limited v. M/S.Kondaduvom Entertainment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 16.12.2020 PRONOUNCED ON:

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.(Commercial Division) No.149 of 2020 and A.Nos. 1347, 1348 & 1467 of 2020 And O.A.No. 213 of 2020 M/s. Acolyte Soft Pvt. Limited Rep. by its Authorised Signatory Mr.Badri Kasturi 102/36, Defence Officers Colony Ekkatuthankal Chennai - 600 032.

... Plaintiff Vs.

1.

M/s. Kondaduvom Entertainment Represented by its partners 69-A, Habibullah Road T.Nagar, Chennai - 600 017.

2.

Mr.P.Madan 69-A, Habibullah Road T.Nagar, Chennai - 600 017.

3.

Mr.S.Venkataramanan Old No. 15, New Nos. 44 & 46 Rathinam Street, Gopalapuram Chennai - 600 086.

4.

Mr.Goutham Vasudev Menon 69-A, Habibullah Road T.Nagar, Chennai - 600 017.

5.

Ms. Reshma Ghatala Flat No.2 A/B 21, Sivaganga Road, Nungambakkam, Chennai - 600 034.

... Defendants PRAYER:- This Civil Suit is filed under Order VII Rule 1 of Original Side Rules read with Order XXXVII Rules 1 & 2 CPC and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2016 praying for the following reliefs for: (a) directing the defendants to pay to the plaintiff the sum of Rs.1,94,90,136/- (Rs.1,50,00,000/- towards Principal and Rs.44,90,136/- towards interest at the rate of 18% per annum from 28.09.2018 to 27.05.2020) together with future interest at 18% per annum from the date of plaint till realisation; and (b) directing the defendants to pay to the plaintiff the costs of this suit.

*** For plaintiff : Mr. K.Ravi for M/s. Rugan & Arya For Defendants : Mr. Abdul Hameed for M/s. AAV Partners

JUDGEMENT In view of the Order passed in A.No. 2441 of 2020 dated .01.2020, the plaint in C.S.(Commercial Division) No. 149 of 2020 is decreed with costs. Consequently, connected Applications are closed. Costs to be paid in accordance with the amended Section 35 of the Code of Civil Procedure.

2.

The Registry is delegated and directed by this Court to determine the costs and the plaintiff is permitted to file their Bill of Costs relating to legal fees and expenses; and any other expenses incurred in connection with the proceedings. On the filing of the Bill of Costs, the Registry may determine the quantum of the costs.

Index:Yes/No (2/2) Web:Yes/No vsg Speaking/Non Speaking Order

C.V.KARTHIKEYAN, J.

vsg List of Documents marked on behalf of the plaintiff in A.No.2441/2020 in C.S.No. 149 of 2020:

1. Ex.A1 = Cheque No. 000051 for Rs.1.50 crores drawn in RBL Bank Ltd., R.A.Puram Branch, dated 27.01.2020; and

2. Ex.A2 = ICICI Bank return Memo to the plaintiff, dated 20.04.2020.

vsg (2/2) Pre-Delivery Judgement in C.S.(Commercial Division) No.149 of 2020 and A.Nos. 1347, 1348 & 1467 of 2020 And O.A.No. 213 of 2020