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Madras High CourtCS/252/2017dismissed with liberty

Shabbir Y.Sirohiwala v. Tecpro Systems Ltd.

2022-03-14Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 14TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.252 of 2017 Mr.Shabbir .Y. Sirohiwala, Prop. of Master Tools Centre, Old Door No.108, New Door No.225, Linghi Chetty Street, Chennai- 600 001 ... Plaintiff -VersusTecpro Systems Limited Represented by its Managing Director, Registered office at No.106, Vishwadeep Tower, Plot No.4, District Centre, Janakpuri, New Delhi 110 058.

Corporate office at Tecpro House, Plot No.78, Sector - 34, NH-8, Guragon, Haryana 122 001, Head Office at Tecpro Towers, Plot No.11-A17, 5th Cross Road, Sipcot IT Park, Siruseri, Kancheepuram District, Tamil Nadu 603 103 ... Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendant:

a)to pay to the plaintiff a sum of Rs.1,09,69,724/- together with interest at 24% p.a. on Rs.63,77,747/- from the date of plaint till the date of realization.

b)for costs of this suit This Civil Suit coming on this day before this court for hearing in the presence of Mr.Anirudh for M/s.Nithyaesh & Vaibhav, Advocate for the plaintiff herein and upon reading the plaint fled herein and the memo dated 08.03.2022 having been filed before this Court on 14.03.2022 and the learned counsel for the plaintiff herein having sought permissions of this court to withdraw this civil suit and to file an appopriate application claiming relief before the Liquidator, it is ordered as follows:- That the suit in C.S.No.252 of 2017 be and is hereby dismissed as withdrawn with liberty to the plaintiff to file application for claim before the liquidator.

2. That a certificate under section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Amendment Act) do issue herein, out of and under the seal of this court in favour of Shabbir .Y. Sirohiwala, Prop. of Master Tools Centre, the plaintiff herein, authorising him, to receive from

the Pay and Accounts Office,High Court Chennai, for a sum of Rs.1,13,404/- (Rupees One Lakh Thirteen Thousand Four Hundred and Four only) being the entire court fee paid on the plaint by the plaintiff herein.

3.That there shall be no costs of this suit.

WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH DAY OF MARCH 2022 Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.03.2022 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No. 252 of 2017 Shabbir. Y. Sirohiwala Proprietor of Master Tools Centre, ..Plaintiff

Versus

Tecpro Systems Limited Represented by its Managing Director ..Defendant Prayer:- Civil Suit is filed under Order VII, Rule 1 of CPC., read With Order IV, Rule 1 of O.S. Rules of this Court, to pay to the plaintiff a sum of Rs.1,09,69,724/- together with interest at 24% p.a. on 63,77,747/- from the date of plaint till the date of realization and for costs. For Plaintiff :

Mr.Anirudh For M/s. Nithyaesh & Vaibhav ---- JUDGEMENT The learned counsel appearing for the plaintiff submitted that the defendant/Company went to liquidation subsequent to the filing of the above suit by the plaintiff for recovery of a sum of Rs.1,09,69,724/-. He has also filed a memo dated 14.03.2022, wherein it has been stated that the

plaintiff is seeking permission of this Court to withdraw this civil suit and to file an appropriate application claiming relief before the Liquidator.

2. Recording the said memo, the Civil Suit is dismissed as withdrawn with liberty to file application for claim before the liquidation. Registry is directed to refund the necessary Court Fee to the plaintiff as per the procedure established under law. No costs. Sd./-V.B.S.J.

14.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

DL 28.03.2022 C.S.No.252 of 2017 ORDER:

DATED: 14.03.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL:

APPROVED ON: