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Madras High CourtOA/812/2023stay made absolute

Spm Arts Llp v. M/S Suresh Arts

2024-02-29Honourable Mr Justice Abdul Quddhose3 pages

and A. No.5102 of 2023 in C.S. (COMM. DIV.) No.225 of 2023 ABDUL QUDDHOSE, J.

A) O.A. No.812 of 2023 has been filed for an interim injunction. This Court by its order dated 27.09.2023 granted an order of interim injunction as prayed for in O.A. No.812 of 2023. The interim injunction order is still in force. Admittedly a sum of Rs.1,00,00,000/- is due and payable by the 1st respondent / 1st defendant to the applicant / plaintiff. Till date, no security has been furnished by the respondent / defendant to secure the sum of Rs.1,00,00,000/-, due and payable by the 1st respondent / 1st defendant to the plaintiff.

2. In the order, dated 30.01.2024, after recording the submissions of both the learned counsels, this Court had made it clear that till security for a sum of Rs.1,00,00,000/- is furnished by the 1st respondent / 1st defendant, the question of suspending the interim order granted earlier in favour of the applicant / plaintiff in O.A. No.812 of 2024 will not arise. Till date, no security has been furnished by the 1st respondent / 1st 1/3

defendant to secure the sum of Rs.1,00,00,000/- due and payable by the 1st respondent / 1st defendant to the plaintiff. In view of the same, the interim injunction granted by this Court in O.A. No.812 of 2023 on 27.09.2023 is made absolute and O.A. No.812 of 2023 is allowed as prayed for.

B) In view of the orders passed in O.A. No.812 of 2023, the learned counsel for the applicant / plaintiff in A. No.5102 of 2023 has made an endorsement in the Court bundle that A. No.5102 of 2023 may be dismissed as not pressed. Recording the same, A. No.5102 of 2023 is dismissed as not pressed.

29.02.2024 (2/3) vsi2 2/3

ABDUL QUDDHOSE, J.

vsi2 and A. No.5102 of 2023 in C.S. (COMM. DIV.) No.225 of 2023 29.02.2024 (2/3) 3/3