Arihant Foundations & Housing v. Housing And Urban Development

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.04.2015

CORAM

THE HONOURABLE MRS. JUSTICE S.VIMALA C.S.No.78 of 2004 Arihant Foundations & Housing Ltd., Rep. By its Managing Director, At No.271 (Old No.182) Poonamallee High Road, 'Ankur Manor'

1st floor, Off: Mc Nichols Road, Kilpauk, Chennai - 600 010.

... Plaintiff Vs.

Housing & Urban Development Corporation Ltd., Rep. By its Regional Chief, Having its Regional Office at 5th Floor, Thalamuthu Natarajan Building, Egmore, Chennai - 600 008.

... Defendant PRAYER: Plaint under Order VII Rule 7 of C.P.C. read with Order IV Rule 1 of O.S.Rules, praying for the following relief:

(i) for a Judgment and decree against the Defendant to pay plaintiff a sum of Rs.6,00,00,000/- together with an interest thereon at 26% p.a. from the date of plaint till the date of payment and future damages that may be ascertained later;

(ii) for a permanent injunction restraining the defendant their agents, servants, etc. from in any manner interfering with the plaintiff selling the flats in 'Arihant Majestic Towers' at Inner Ring Road, Koyambedu, Chennai;

(iii) Issue a mandatory injunction directing the Defendant to issue NOCs to the buyers of the scheduled premises required the same.

(iv) for a declaration that the interest charged on the mortgage loan compounding highly valuable security is excessive, exorbitant, unreasonable and the transaction was substantially unfair between the parties at the time of entering into the contract.

For Plaintiff : Mr.S.Chandrasekaran For Defendant : M/s.Deepa Harigovind

JUDGMENT

The learned counsel for the plaintiff has made an endorsement stating that the matter has been settled between the parties and therefore, the plaintiff may be permitted to withdraw the suit.

2. The learned counsel appearing for the defendant has no objection for the same.

3. In view of the same, this Civil Suit is dismissed as settled out of Court. Half of the Court Fee is ordered to be refunded. No costs.

Sd/-S.V.J 28.04.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/28.04.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.