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Madras High CourtCS/92/2023withdrawn dismissed

New Century Book House Private Limited v. R.Mutharasan

2023-06-19Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.S.No.92 of 2023 and O.A.Nos.441 & 442 of 2023 1.M/s.New Century Book House Private Limited, Represented by its Director, Registered Office at No.41-B, SIDCO Industrial Estate, Ambattur, Chennai - 600 050.

Also at 142, Jani John Khan Road, Royapettah, Chennai - 14.

2.S.Saravanan Managing Director, M/s.New Century Book House Private Limited, No.41-B, SIDCO Industrial Estate, Ambattur, Chennai - 600 050.

Also at 142, Jani John Khan Road, Royapettah, Chennai - 14.

... Plaintiffs Vs 1.R.Mutharasan 2.K.Santhanam 3.Vai.Sivapunniam 4.Na.Periasamy 5.G.Palanisamy 6.Pandian ...

Defendants 1/4

PRAYER: Civil Suit filed under Order VII Rule 1 of the Civil Procedure Code r/w. Order IV Rule 1 of the Original Side Rules praying for: (a)Granting permanent injunction restraining defendants, their men, agents, servants or any other person claiming through them from in any manner interfering with the administration of 1st plaintiff including demands for being appointed as Directors of 1st plaintiff company except by due process of law;

(b) Granting permanent injunction restraining defendants, their men, agents, servants or any other person claiming through them from in any manner threat, influence and through any other unlawful means for allotment of shares held by 2nd plaintiff in 1st plaintiff company, and (c)costs of the suit;

(d)to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Plaintiff : Mr.S.MalarMannan For Defendants : Mr.Navin Suresh 2/4

ORDER

When the matter was taken up for hearing, the learned counsel appearing for the plaintiffs had filed a Memo indicating that the parties to the suit have resolved to withdraw the above captioned suit as well as the criminal complaints that are pending against each other. 2.Learned counsel for appearing on behalf of the defendants would submit that the 2nd plaintiff had re-transferred shares in favour of the erstwhile members and Directors and he would also record the same. Learned counsel appearing on behalf of the plaintiff also has no objection to the said submission of the learned counsel for the defendants. 3.Recording the said Joint Memo as well as the submission of the learned counsel for the plaintiff, this Civil Suit is permitted to be withdrawn as settled out of Court. Accordingly, this Civil Suit is dismissed as withdrawn. Consequently, connected applications are also closed. However, there shall be no order as to costs. Registry is directed to refund the Court as applicable. 19.06.2023 gba Index: Yes/no Speaking order:Yes/no 3/4

K.KUMARESH BABU,J.

Gba C.S.No.92 of 2023 and O.A.Nos.441 & 442 of 2023 19.06.2023 4/4