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Madras High CourtCS/393/2017disposed of

M/S.Radiance Media P.Ltd. v. M/S.Magic Frames

2021-07-29Honourable Dr Justice G. Jayachandran7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 29TH DAY OF JULY 2021 THE HON'BLE DR. JUSTICE G. JAYACHANDRAN C.S. No.393 of 2017 M/s. Radiance Media P.Ltd.

Rep. by its authorized signatory N.Srinivasan Having registered office at Khivraj Complex-II, 6th Floor, 480, Anna Salai, Nandanam, Chennai - 600 035.

... Plaintiff -Versus1. M/s. Magic Frames Partnership Firm, Rep. by its Partner R. Sarath Kumar, Having Office at No. 14, Jayammal Street, Tenampet, Chennai- 600018

2. Mr. R. Sarath Kumar Partner of M/s. Magic Frames,

3. Mrs. R. RadikaaSarath Kumar Partner of M/s. Magic Frames, Both are having office at No. 14, Jayammal Street, Tenampet, Chennai- 600 018.

4. Mr. Listin Stephen Partner of M/s. Magic Frames, Having office at No. 14, Jayammal Street, Tenampet, Chennai- 600 018.

... Defendants C.S.No. 393 of 2017 Civil Suit praying that this Hon'ble Court be pleased to grant a Judgement and Decree as against the defendants and in favour of the plaintiff.

A) Directing the defendants to pay a sum of Rs. 2,00,00,000/- (Rupees Two Crores Only) along with interest at the rate of 18 percent per annum since the date of return of cheques unpaid till the date of realization of the amount; and B) Directing the defendants to pay the cost of the suit. This suit coming on this day before this court for hearing in the presence of Mr. Rajagopal Vasudevan for M/s.R.Bhagawat Krishna, Advocates for the plaintiffs herein and Mr.E.K. Kumaresan, Advocate for the defendants herein and upon reading the plaint filed herein and in view of the compromise memo entered between the parties, this court has directed the third respondent to give no objection for withdrawal of Rs. 2 Crores, which was deposited earlier, by the Register General, High Court, Madras pursuant to the court order and on such receipt of no objection, the Registrar General shall invoke the bank guarantee and withdraw Rs. 2 crores, and it is

represented that the Register General has withdrawn Rs.2 Crores and the same will be paid to the plaintiff on appropriate application, and this court doth recording the same, it is ordered as follows:- That the suit in C.S.No. 393 of 2017, be and is hereby disposed as settled out of court.

2) That there shall be no order as to costs of this suit. WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 29TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (O.S. I) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

NS 19.08.2021 C.S.No. 393 of 2017 DECREE DATED 29/07/2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 24/08/2021 APPROVED ON: 25/08/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN C.S.No.393 of 2017 M/s.Radiance Media P.Ltd., Rep. by its authorized Signatory, N.Srinivasan, Having registered office at Khivraj Complex-II, 6th Floor, 480, Anna Salai, Nandanam, Chennai 600 035.

.. Plaintiff vs 1.M/s.Magic Frames, Partnership Firm, Rep. by its Partner R.Sarath Kumar, Having Office at No.14, Jayammal Street, Tenampet, Chennai 600 018.

2.Mr.R.Sarath Kumar, Partner of M/s.Magic Frames, 3.Mrs.R.RadikaaSarath Kumar, Partner of M/s.Magic Frames Both are having office at No.14, Jayammal Street, Tenampet, Chennai 600 018.

4.Mr.Listin Stephen,

Partner of M/s.Magic Frames, Having Office at No.14, Jayammal Street, Tenampet, Chennai 600 018.

...Defendants Prayer:Civil Suit filed under Order IV Rule I of the O.S.Rules read with Order XXXVII Rule 1 and 2 of CPC, praying for the following: a. directing the defendants to pay a sum of Rs.2,00,00,000/- (Rupees Two Crores only) along with interest at the rate of 18 percent per annum since the date of return of cheques unpaid till the date of realization of the amount; and b. directing the defendants to pay the cost of the suit. For Plaintiffs : Mr.Rajagopal Vasudevan for M/s.R.Bhagawat Krishna For Defendants : Mr.E.K.Kumaresan

J U D G M E N T

In view of the compromise memo entered between the parties, this Court has directed the third respondent to give no objection for withdrawal of Rs.2 crores, which was deposited earlier, by the Registrar General, High Court, Madras pursuant to the Court order and on such receipt of No Objection, the Registrar General shall invoke the bank guarantee and withdraw Rs.2 crores.

2.Today, it is represented that the Registrar General has

withdrawn Rs.2 crores and the same will be paid to the plaintiff on appropriate application. Recording the same, the suit is disposed as settled out of court. No order as to costs.

Sd/- G.J.J.

29/07/2021 //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.