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Madras High CourtCS/524/2012decreed

*M/S. Vatech Wabag Limited v. G.Vellaichamy And 2 Others

2017-10-23Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.524 of 2012 and A.No.2808 of 2017 M/s.VA TECH WABAG Limited, "WABAG HOUSE"

... Plaintiff No.17, 200 Feet Radial Road, S.Kolathur (Near Kamakshi Hospital), Chennai - 600 117.

Represented by its Authorized Signatory Mr.S.T.Balayogeswaran.

(Amended as per order dated 28.04.2014 in A.No.2854 of 2014)

Versus

1.G.Vellaichamy 2.Manoj Manji Patel 3.Mehul Pathak ... Defendants Plaint filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C praying to pass a judgment and decree:- a) directing the defendants jointly and severally to pay the plaintiff a sum of Rs.49,80,776/- (Rupees Forty nine lakhs eighty thousand seven hundred and seventy six only) along with 24% interest from the date of the suit till date of realization;

b) directing the defendant to pay costs of the suit. For Plaintiff : Mr.Fox Mandal & Associates For Defendants : Mr.S.Kanniah for D1 Mr.M.V.Hariram for D2 and D3

J U D G M E N T

The suit has been filed by the plaintiff for directing the defendants jointly and severally to pay the plaintiff a sum of Rs.49,80,776/- (Rupees Forty nine lakhs eighty thousand seven hundred and seventy six only) along with 24% interest from the date of the suit till date of realization and for costs of the suit.

2. A memo of compromise has been filed. In view of the memo of compromise, the suit as well as the counter claim will stand dismissed as settled out of Court. Since the trial has not commenced, the parties are entitled to refund of Court fees as per the provisions of the Court Fees Act. Memo of Compromise is recorded and there will be a decree in terms of memo of compromise. No costs. Consequently, the connected Application is closed.

Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order

List of the witnesses examined on the side of the plaintiff : Nil.

List of Exhibits marked on the side of the plaintiff: Nil. List of the witnesses examined on the side of the defendants: Nil. List of Exhibits marked on the side of the defendants: Nil.

R.SUBRAMANIAN, J.

C.S.No.524 of 2012