N.Gopinathan v. Sivabalan Kathiresan K.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2018

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.775 of 2016 & A.No.5628 of 2016 Mr.N.Gopinathan .. Plaintiff vs.

Mr.Sivabalan Kathiresan K .. Defendant Civil Suit filed under Order VII Rule 1 of High Court O.S. Rules 1956 read with Order 37 Rule 1 and 2 of CPC. For plaintiff : Mr.K.V.Sundararajan For Defendant : No appearance

J U D G M E N T

This suit has been filed for recovery of a sum of Rs.37,70,000/- with interest at the rate of 18% p.a. On Rs.26,00,000/- from the date of plaint to the date of realization and for cost.

2. The learned counsel for the plaintiff submitted that the suit claim has been settled out of Court and the attachment made in Application No.5628 of 2016 on 05.06.2017 has to be raised and that the suit may be dismissed as settled out of Court and also made an endorsement to that effect.

3. In view of the submission of the learned counsel for the plaintiff and the endorsement made, this suit is dismissed as settled out of Court and the Order of attachment made in the Application No.5628 of 2016 dated 05.06.2017 is raised and the registry is directed to communicate the Order of raising the

attachment to the concerned Registrar Office. Court Fee to be refunded as per law.

25.04.2018 vrc

N.SATHISH KUMAR, J.

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