Leaf Trading Pvt. Ltd., v. Mehra Computer System Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.07.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.No.333 of 2014 Leaf Trading Pvt., Ltd., Rep. by its Managing Director, Having Office at 68/A, Sidco Industrial Estate, 3rd Floor, Korattur, Chennai - 600 098.

...Plaintiff

Versus

1.Mehra Computer System Ltd., Rep. by its Managing Director Praveen Kumar Mehra, Survey No.142, Thangavelu Engineering College Road, Karapakkam, Chennai - 600 096.

2.Praveen Kumar Mehra, Managing Director, No.7, Sri Sai Nagar, (near Karpagam Avenue) Off Santhome High Road, R.A.Puram, Chennai - 600 028.

3.Pooja Mehra, Whole Time Director, Old No.7, New No.9, Sai Nagar, R.A.Puram, Chennai - 600 028.

4.Madhu Mehra, Director, Door No.31, 8th Cross Street, III Main Road, M.K.B.Nagar, Chennai - 600 039.

5.Manoj Kumar Mehra, Whole Time Director, Door No.31, Plot No.215, 8th Cross Street, III Main Road, MKB Nagar, Vyasarpadi, Chennai - 600 039.

...Defendants This Civil Suit is filed under Order IV Rule 1 of O.S.Rules r/w. Order VII Rule 1 of C.P.C for the following reliefs: (i) directing the defendants to pay to the plaintiff the sum of Rs.1,30,93,548/- being the amount due in respect of the goods sold and delivered with interest.

(ii) directing the defendants to pay to the plaintiff the interest at the rate of 18% on the sum of Rs.1,14,08,280/- from the date of Plaint till date of realization since it is a commercial transaction. (iii) to pay the cost of this suit.

For Plaintiff :

Mr.D.R.Sivakumar For Defendants - 1 & 2 :

Mr.A.Babu Defendants - 3 to 5 :

No Appearance

J U D G M E N T

Today (22.07.2019), when the matter is called, the learned counsel for plaintiff submitted that the plaintiff is not pressing the suit since the matter has been settled out of Court, between the parties. He therefore prayed for the dismissal of the suit and also for the refund of full Court fee to the plaintiff. He has also filed a Memo to that effect.

2. In view of the Memo filed by the plaintiff's counsel, this Civil Suit is dismissed as not pressed and as per the amended Section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) as amended by Tamil Nadu Act 6 of 2017 with effect from 01.03.2017 Act, refund of full Court fee is ordered by this Court. Therefore, the Registry is directed to do the needful to refund the full Court fee to the plaintiff, as per law. No costs. 22.07.2019 mrr Index : Yes/No

KRISHNAN RAMASAMY, J., mrr C.S.No.333 of 2014 22.07.2019