Madras High CourtCS/292/2019dismissed as settled out of court

E.Mohan v. M/S.Vari Marutheshwar Granites

2021-08-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and A.No.3346 of 2019 E.Mohan Proprietor M/s.Sri Maruthi Exports No.22, 2nd Main Road 8th Cross Street Shenoy Nagar West Chennai 600 030 ... Plaintiff Vs.

1.M/s.Vari Maruteshwar Granites AT & POST Huligeri Kustagi Taluk, Koppal District Karnataka State 2.State Bank of India By its Senior Manager Huligeri Branch Kustangi Taluk Koppal District Karnataka State ... Defendants 1/4

Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C, 1908 (Commercial Disputes), praying (a) Directing the 1st defendant to supply the goods as per the Purchase order placed by the plaintiff with the 1st defendant with specifications within such time as this Court may fix on receipts of the balance sale price of Rs.49,23,635/- or in the alternate direct the 1st defendant to refund the sum of Rs.2,72,34,660/- (Rupees Two Crore Seventy Two Lakhs Thirty Four Thousand Six Hundred and Sixty only) being the refund of the money paid with interest monthly rests on Rs.2,00,00,000/- from the date of plaint till the date of actual realisation, the transaction being one Commercial in nature.

(b) Costs of the suit.

For Plaintiff : Mr.R.Thiagarajan For Defendants : Mr.Kalaiselvan for D1 Mr.K.Chandrasekaran for D2

JUDGMENT

(This case has been heard through video conference) The learned counsel appearing for the plaintiff has filed a memo stating that the parties have settled their dispute out of Court and hence 2/4

seeks leave to dismiss the suit as settled out of Court and also made a request to refund the Court fee in the name of Mr.R.T.Chidambaram, one of the counsels on record of the plaintiff.

2. Recording the memo filed by the learned counsel for the plaintiff, the suit is dismissed as settled out of Court. The Court fee may be refunded as prayed in the memo. Consequently, connected application is also closed. There shall be no order as to costs. 10.08.2021 rpl 3/4

DR.G.JAYACHANDRAN, J.

rpl and A.No.3346 of 2019 10.08.2021 4/4