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Madras High CourtCS/320/2014dismissed as withdrawal

Mr.Pramod Chordia v. Mr.Pravesh Nainawat

2022-02-24Honourable Mrs Justice V.Bhavani Subbaroyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 24TH DAY OF FEBRUARY 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S. No.320 of 2014

1. Mr. Pramod Chordia, S/o. Mr. H.C.Chordia, No.306, First Main Road, M.K.B. Nagar, Chennai - 600 039.

2. Mr. Deepchand Jain, S/o. Mr. Kishan Lal Jain, No.19/20, General Muthiah Mudali Street, Sowcarpet, Chennai - 600 079.

...Plaintiffs versus Mr. Pravesh Nainawat, S/o. Mr. Kantilal Ji, 'PRINCE PARADISE', 4th Floor, No.75, Jermiah Road, Vepary, Chennai 600 007.

...Defendant Civil Suit praying that this Hon'ble Court be pleased to pass Judgment and decree against the Defendant:- a. directing the Defendant to pay a sum of Rs.2,50,00,000/- (Rupees Two Crore and Fifty Lakhs) only towards Principal due under the

Promissory Note dated 06.06.2012 and Rs.50,00,000/- (Rupees Fifty Lakhs) towards accrued interest upto 06.04.2013 and in total Rs.3,00,00,000/- (Rupees Three Crores only) to the plaintiffs. b. to pay the interest at 24% per annum on the principal amount of Rs.2,50,00,000/- from this day (date of plaint) till the date of realisation of the principal amount.

c. to pay the cost of this suit.

This Civil Suit coming on this day before this court for hearing in the presence of Mr.R.Karunakaran, Advocate for the plaintiffs herein and the defendant herein having not appeared in person or by advocate and the defendant herein having been set exparte and upon reading the plaint filed herein and the memo dated 14.02.2022 filed herein and this Court doth recording the same, it is ordered as follows:- That the suit in C.S.No.320 of 2014 be and is hereby dismissed as withdrawn.

2) That a certificate under section 69 of the Tamil Nadu Court fees and suits Valuation Act 1955, do issue herein, out of and under the seal of this Court in favour of (1) Pramod Chordia and (2) Deepchand Jain, the plaintiffs herein authorising them to receive from the Pay and Accounts

Office, High Court, Madras, a sum of Rs.3,03,530/- (Rupees Three Lakhs Three Thousand Five Hundred and Thirty only) being the entire Court fee paid on the plaint by the plaintiffs herein.

3) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24TH DAY OF FEBRUARY 2022. Sd/- ASSISTANT REGISTRAR(O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ARS 04.04.2022 C.S. No.320 of 2014

ORDER

DATED : 24.02.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL : 07.04.2022 APPROVED ON : 07.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 24.02.2022 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.320 (A) of 2014

1. Pramod Chordia

2. Deepchand Jain ..Plaintiffs

Versus

Pravesh Nainawat ..Defendant Prayer:- Civil Suit is filed under Order VII, Rule 1 of CPC., Read With Order IV, Rule 1 of O.S. Rules, directing the defendant to pay a sum of Rs.2,50,00,000/- (Rupees Two Crore and Fifty Lakhs) only towards Principal due under the Promissory Note dated 06.06.2012 and Rs.50,00,000/- (Rupees Fifty Lakhs) towards accrued interest upto 06.04.2013 and in total Rs.3,00,00,000/- (Rupees Three Crores) only to the plaintiffs; to pay the interest at 24% per annum on the principal amount of Rs.2,50,00,000/- from this day (date of plaint) till the date of realization of the principal amount and to pay the cost of this suit. For Plaintiffs :

Mr.R. Karunakaran For Defendant :

Set-Exparte

JUDGEMENT Today, when the civil suit is taken up for hearing, the learned counsel for the plaintiffs have filed a Memo duly signed by themselves as also the plaintiffs, which reads as follows:- "It is submitted that the above case is posted for recording of evidence before the Hon'ble Additional Master - III. The defendant vacated his premises and shifted his residence somewhere in Bombay and is whereabouts not known to the plaintiffs. Hence, the plaintiffs wish to withdraw the above said case against the defendant.

Hence, it is prayed that this Hon'ble Court may be pleased to dismiss the above said suit "Dismissed as Withdrawn" and further the plaintiffs pray that this Hon'ble Court

may be pleased to direct the Registry to refund the Court Fee to the plaintiffs"

2. By recording the memo dated 14.02.2022, the suit is dismissed as withdrawn. No costs.

3. Registry is directed to refund the court fee paid by the plaintiffs in the civil suit in accordance with the provisions of the Tamil Nadu Court Fees and Suit Valuation Act, 1955.

Sd/-V.B.S.J.

24.02.2022 List of Witnesses examined on the side of the plaintiffs:- P.W.1:

Mr.Pramod Chordia List of documents marked on the side of the plaintiffs:- Sl.

No Exhibits Date Description of Documents 1.

P1 06.06.2012 Original Promissory Note executed by the defendant in favour of the plaintiffs for Rs.2,50,00,000/- 2.

P2 28.03.2013 Copy of the legal notice issued by the Advocate of the plaintiffs to the defendant

3.

P3 29.03.2013 Courier Booking receipt addressed to the defendant Returned cover addressed to the defendant from the plaintiffs'

Advocate 5.

P5 29.03.2013 FOD issued by the Courier Company 4.

P4 30.03.2013 01.04.2013 6.

P6 22.09.2014 Acknowledgment card of the notice sent to the defendant List of Witness examined on the side of the defendant: Nil List of document marked on the side of the defendant: Nil Court witness and documents: Nil Sd/-V.B.S.J.

24.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.