Madras High CourtCS/488/2003dismissed as settled out of court

M/S Delhi Hotel v. Shree Chandra Prabhu Maharas

2015-06-10Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.06.2015

CORAM

THE HONOURABLE MRS. JUSTICE S.VIMALA C.S.No.488 of 2003

1. M/s.Delhi Hotel, Registered Firm, Represented by Partner, Ravichand Mehra (also known as Ravi Mehra)

2. Ravichand Mehra (also known as Ravi Mehra)

3. Roop Mehra

4. Deepak Mehra ... Plaintiffs Vs.

Shree Chandra Prabhu Maharaj Juna Jain Mandir Trust ... Defendant PRAYER: Plaint under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 of C.P.C. for the following relief: (i) directing the defendant to specifically perform the Agreement dated 02.11.2002 filed as Plaint Document No.15 and pay the balance amount of Rs.33,30,000/- (Rupees thirty three lakhs and thirty thousand) to the plaintiffs;

(ii) directing the defendant to pay to the plaintiffs compensation of Rs.3,00,000/- (Rupees three lakhs) with interest thereon at 18% per annum from the date of plaint till the date of payment;

(iii) directing the defendant to pay to the plaintiffs Rs.49,950/- towards interest on Rs.33,30,000/- at 18% p.a. from 01.04.2003 till the date of plaint; (iv) directing the defendant to pay to the plaintiffs interest on Rs.33,30,000/- at 18% p.a. from the date of plaint, till the date of payment; (v) directing the defendant to pay to the plaintiffs exemplary costs of the suit.

For Plaintiffs : Mr.S.Raghavan For Defendant : Mr.Pramid Kumar Chopra

JUDGMENT

The learned counsel appearing for the plaintiffs submits that the matter has been settled between the parties and half of the Court Fee may be refunded in the name of the 4th plaintiff. He has also made an endorsement in the Court bundle to that effect.

2. The learned counsel appearing for the defendant also seeks refund of half of the Court Fee in the name of the defendant, in respect of the counter claim made by the defendant.

3. In view of the endorsement made, this Civil Suit is dismissed as settled out of Court. Half of the Court Fee is ordered to be refunded in the name of 4th plaintiff as well as the defendant. No costs. sd/.S.V.J 10.06.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/25.11.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.