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Madras High CourtOSA(CAD)/50/2025withdrawn dismissed

Srk Cinemas v. R. Kothandaraman

2025-06-02Honourable The Chief Justice,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and C.M.P.Nos.11230, 11232, 11267, 11309 and 11311 of 2025

1. SRK Cinemas Rep. by Managing Partner and Authorised Signatory, R.Suresh, Plot No.2173, Door No.3, L Block, 6th Cross Street, 12th Main Road, Anna Nagar, Chennai 600 006.

2. R.Suresh, Partner, SRK Cinemas

3. Kasthuri, Partner, SRK Cinemas

4. Vijayalakshmi

5. S.Lakshmi, Parnter, SRK Cinemas .. Appellants in all OSAs.

-vsR.Kothandaraman .. Respondent in all OSAs.

Prayer: Appeals filed under Section XIII (1A) of Commercial Courts Act, 2015, read with Rule 36 A of Original Side Rules, against the common order dated 10.03.2025 passed in Application Nos.3381 of 2024, 848 of 2025 and 849 of 2025 in C.S. (Comm.Div.) No.79 of 2024 on the file of original side of this Court.

For Appellants :

Mr.Mubarak Ahamed for M/s.Ahamad Associates For Respondent :

Mr.Arockia Satheesh on Caveat * * * * * COMMON JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) After the appeals were heard for some time, counsel sought leave to withdraw the appeals with liberty to raise all grounds in appeal, in case the suit is decreed against the appellants.

2. Appeals are dismissed as withdrawn with the liberty as prayed for. There shall be no order as to costs. Consequently, the interim applications are closed.

Counsel wants to rely on a judgment of the Apex Court in Om Prakash

@ Israel @ Raju @ Raju Das vs Union of India and Another1 and submits that it is the duty of the Court to find out the truth. Certainly, counsel can rely on this before the Trial Court.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 02.06.2025 Index : Yes/No : Yes/No sra To The Sub-Assistant Registrar, Original Side Section, Madras High Court, Chennai.

2025 INSC 43

The Hon'ble Chief Justice and Sunder Mohan, J.

(sra) 02.06.2025