K.M.Hidayathulla v. M/S.Aero Club

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.S.No.170 of 2015 and A.No.1791 of 2015 1.K.M.Hidayathulla

2. M.N.Abdul Rasheed

3. K.Nafeesa .... Plaintiffs Vs.

M/s. AERO CLUB, A Partnership Firm, No.1, Gurudwara Road, Karol Bagh, New Delhi  110 005.

Rep. by its Partner Avatar Singh and carrying on business under the brand name M/s.Woodland. ...Defendant PRAYER: Plaint filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of C.P.C, praying to pass judgment and decree against the defendant:- a) direct the defendant to pay the plaintiffs the above sum of Rs.40,77,675/- along with interest at the rate of 12% per annum from the date of the Plaint to the date of realization, the cause being commercial;

b) direct the defendant to pay the costs of this proceedings. For Plaintiffs : Mr.Ashok Menon For Defendant : Mr.M.Yogeswaran - - - - -

J U D G M E N T

When the matter is taken up for hearing today, the learned counsel appearing on sides submitted that the parties have settled their disputes out of Court and consequently, the lease agreement has been entered between the parties on 1st December, 2015. Hence, the learned counsel appearing for the plaintiffs seek permission of this Court to withdraw the present suit. He has also made an endorsement to that effect in the bundle.

2. Recording the above submissions and the endorsement, this Civil Suit is dismissed as settled out of Court. There shall be no order as to costs. Consequently, connected application is also closed.

3. Registry is directed to refund the Court fee, if it is permissible, as per law. 12.09.2018 asi M. GOVINDARAJ, J.

asi C.S.No.170 of 2015 and A.No.1791 of 2015 12.09.2018