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Madras High CourtA/2633/2020disposed of

Rs Yarns And Power Pvt Ltd v. M/S.Edmi India Pvt Ltd And Another

2022-10-31Honourable Mr Justice M. Sundar2 pages

A.No.2633 of 2020 in C.S.No.302 of 2020 (Comm. Suit) M.SUNDAR, J., This order will now dispose of the captioned application which has been filed under Order XXXVIII Rule 5 of 'Code of Civil Procedure, 1908 (Central Act V of 1908)' [hereinafter 'CPC' for the sake of convenience and clarity].

2. In these proceedings, parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.

3. Ms.Prapti Mehta, learned counsel of M/s.Surana and Surana (Law Firm) for sole plaintiff and Mr.Bhagavath Krishnan PMN, learned counsel for both defendants are before this Commercial Division.

4. Both learned counsel submit that trial in the main suit is underway and P.W.1 is being examined.

5. Owing to the advanced stage of trial, learned counsel for plaintiff submits that the captioned application is not being pressed and makes a request to preserve all the rights of the plaintiff to come up with similar / same application if the need arises i.e., if any circumstances emerge. M.SUNDAR, J., Page Nos.1/2 https://www.mhc.tn.gov.in/judis

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6. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

7. In the light of the narrative thus far, captioned application is disposed of as closed preserving all the rights of the plaintiff / applicant in the aforesaid manner. There shall be no order as to costs. 31.10.2022 (1/3) mk A.No.2633 of 2020 in C.S.No.302 of 2020 (Comm. Suit) Page Nos.2/2 https://www.mhc.tn.gov.in/judis