Itd Cementation India Limited v. Avr Infra Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.70 of 2016 ITD Cementation India Limited represented by its Power of Attorney, Authorized signatory, Mr.Kanchan Madhusudhan Ranadive and having its branch office at No.3, 1st floor, Pearl Glow Building, Vijayaraghava Road, T.Nagar, Chennai - 600 017.

... Plaintiff //vs//

1. AVR Infra Private Limited represented by its Managing Director Mr.A.M.Rao and having its Registered & Corporate office at "Neeladri", 3rd Floor, No.9, Cenotaph Road, Alwarpet, Chennai - 600 018.

2. IMC Limited, represented by its Managing Director / Director, having its Corporate Office at "Neeladri", 3rd floor, No.9, Cenotaph Road, Alwarpet, Chennai - 600 018.

... Defendants Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of the Civil Procedure Code, 1908 for directing the defendants jointly and

severally pay to the plaintiff the sum of Rs.18,84,89,062/- (Rupees eighteen crores eighty four lakhs eighty nine thousand and sixty two only) together with further interest at 18% perannum on the principal amount of Rs.13,60,72,237/- (Rupees thirteen crores sixty lakhs seventy two thousand two hundred and thirty seven only) the date of the plaint till the date of realization and for costs.

For Plaintiff : Ms. M.T.Premila Devi For Defendants : M/s. V.P.Raman & Seshadri for D1 & D2

JUDGMENT

This matter had been referred to Tamil Nadu Mediation and Conciliation Centre and in the report given by the Mediators Ms. G.Manjula Devi and Mr.V.Anantha Natarajan on 02.03.2017, it has been stated that the terms of agreement had been entered into between the parties.

2. It had been now represented by the learned counsel for the defendant that the entire amount had also been paid and an endorsement has also been made in the plaint by the counsel for the plaintiff.

3. The learned counsel for the plaintiff has also made the following endorsement:- "C.S.70/2017 settled out of Court through Mediation."

4. In view of the same, the suit is dismissed as settled out of the Court. Office is directed to refund the entire Court fee after obtaining proper acknowledgment and identification from the learned counsel for the plaintiff. sd/.C.V.K.J 21.09.2017 //Certified to be a true copy// Dated this the day of 2017 R.s/23.11.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.