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Madras High CourtCS/728/2002dismissed as settled out of court

1.Kumbha Investments(P)Ltd., v. 1.Landmark Promoters A Regtd.

2018-06-29Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2 0 1 8

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN C.S.No. 728 of 200 2 1.

Kumbha Investments Pvt. Ltd., No.7, Rakkiappa Street, Mylapore, Chennai - 600 004.

Represented by its Managing Director, Dr.P. Pandian I.A.S., (Retd.,) By his Power Agent P. Illangovan 2.

Dr.G.Krishnakumar Chairman Kumbha Investments Pvt. Ltd., No.7, Rakkiappa Street, Mylapore, Chennai - 600 004.

Rep. by Power Agent T.Shanmugamuthu ... Plaintiffs Vs.

1.

Landmark Promoters a registered Partnership firm at No.8/2, Chari Street, T.Nagar, Chennai - 600 017.

Represented by its Managing Partner, Smt. Shanthi Rajendran 2.

Shri S.Parthasarathy 3.

Smt. Shanthi Rajendran

4.

Shri. S.Jagannath 5.

Smt. Sujatha ... Defendants PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for a Judgment and Decree of: (a) directing the defendants to repay a sum of Rs.1,19,35,000/- of which Rs.77,50,000/- being the principle amount and Rs.41,85,000/- being the interest from 01.07.1999 at the rate of 18% per annum. (b) direct the defendants to pay the future interest at the rate of 24% p.a., for the principle amount.

(c) to pass any suitable order that may deem fit and proper in the circumstance of the case.

(d) for costs of the suit.

*** For Plaintiffs : Mr. V.Manisekaran

JUDGMENT

The learned counsel for the plaintiffs made the following endorsement:-

"The suit settled out of Court. Henc e, the plaintiff is not pres sing in the suit. Suit is withdrawn as not pres s e d."

2 .

In view of the endorsement made, the suit is dismissed as withdrawn as settled out of Court.

3 .

Since the suit had been settled out of Court, the plaintiffs are entitled to refund of the entire Court fees in accordance with rules. No costs. 29.06.2018 vsg Index: Yes/No Internet: Yes/No.

C.V.KARTHIKEYAN, J.

vsg C.S.No. 728 of 200 2 29.0 6.2 0 1 8