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Madras High CourtCS/171/2013disposed of

Mr.Jayaprakash Thothadri v. Mr.Tayi Pratap

2016-06-09Honourable Mr Justice M.M.Sundresh3 pages

In the High Court of Judicature at Madras Dated: 09.06.2016 Coram:

The Honourable Mr. Justice M.M.Sundresh Civil Suit No.171 of 2013 and O.A.Nos.217 & 218 of 2013 and A.No.1548 of 2013 Jayapraksh Thothadri .. Plaintiff vs.

1.Tayi Pratap 2.T.Harinath 3.T.H.Venkatesh 4.M/s.Envision Developers, No.11, Casa Major Road, Egmore, Chennai-600 08.

.. Defendants --- Prayer: Plaint filed under Order IV, Rule 1 of the Original Side Rules read with Order VII, Rule 1 of Civil Procedure Code praying to declare that the Partnership Firm in the name and style of M/s.Envision Developers as dissolved as on the date of judgment and decree; directing the defendants to render accounts of the registered Partnership Firm

M/s.Envision Developers during the period starting from 01.04.2010 till the date of dissolution; directing the first defendant to pay the plaintiff a sum of Rs.97,82,766 (Rupees Ninety Seven Lakhs Eighty Two Thousand Seven Hundred and Sixty Six only); directing the first defendant to pay pendente lite interest at the rate of 18% per annum on the above sum of Rs.97,82,766/- from the date of plaint till the date of actual repayment and for costs.

--- For Plaintiff : Ms.T.Chandrakala for M/s.Arunkungumaraj Subramanian For Defendants : Mr.N.M.Abdul Razack for D1 & D4 M/s.Gupta & Ravi for D2 & D3 ---

J U D G M E N T

In view of the order passed in A.No.2903 of 2013, the suit is closed. No costs. Consequently, O.A.Nos.217 & 218 of 2013 and A.No.1548 of 2013 are also closed. Liberty is granted to the parties to work out their remedy under the provisions of the Arbitration and Conciliation Act, 1996, including

filing of application under Section 11 of the said Act. This liberty is given in view of the objection raised by the defendants 1 and 4 apart from not consenting for the named Arbitrator though there appears to be consensus among the plaintiff and the defendants 2 and 3.

Sd/M.M.S.J 09.06.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/21.06.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.