M/S.Malles Constructions Pvt. v. K.Jayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R. PONGIAPPAN M/S Malles Constructions Private Limited, Represented by its, Managing Directoir Mr.U.Chandraprakasam, having Registered Office at:

No.19, Tanjore Road, T.Nagar, Chennai 6y00017.

... Plaintiff //vs// K. Jayanthi W/o S. Krishna Kumar Old No.8, New No.2, 3rd Cross Street, Pulla Avenue, West Shenoy Nagar, Chennai 600030.

... Defendant Plaint filed under Order VII Rule 1 of Civil Procedure Code read with Order IV Rule 1 of Madras High Court Original Side Rules for passing Judgment and Decree against the Defendant for recovery of a sum of Rs.3,48,00,000/- with interest at 24% per annum from the date of suit till realisation of the principal outstanding amount of Rs.3,00,00,000/- with costs.

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For Plaintiff : Mr. P. Raghu For Defendant : Mr.S. Balaji

JUDGMENT

The suit has been filed for recovery of a sum of Rs.3,48,00,000/- with interest at 24% per annum from the date of suit till realisation of the principal outstanding amount of Rs.3,00,00,000/- with costs.

2. When the suit is taken up for hearing today, the learned counsel appearing for the Plaintiff seeks permission of the Court to withdraw the suit, as the matter has been duly settled out of court with the Defendant. Learned Counsel also filed a Memo dated 25.01.2021 in this regard and requested the Court to refund the court fee paid.

3. In view of the above submission made by the learned counsel for the Plaintiff and also the Memo dated 25.01.2021 filed before this Court, the Plaintiff is permitted to withdraw the suit. The Memo dated 25.01.2021 is recorded.

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4. Accordingly, the Civil Suit is dismissed as Withdrawn. No costs. With regard to the prayer of refund of Court fee, the registry is directed to refund the same as per law.

29.01.2021 Speaking / Non-speaking Order Index : Yes/No Internet : Yes ggs Page 3 / 4

R.PONGIAPPAN, J.

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