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Madras High CourtCS/716/2017dismissed as settled out of court

C.Rajam Manjula v. Dr.Sangeetha Visweswar

2022-03-23Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 23RD DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.716 of 2017 C.Rajam Manjula, No.32/1, Malony Road, T.Nagar, Chennai-17 ...Plaintiff vs 1.Dr.Sangeetha Visweswar 2.Dr.P.Visweswar Reddy, Both are residing at No.10 (Old No.5), First Main Road, Seethammal Colony Extension, Teynampet, Chennai-18 3.HDFC Bank Ltd.

No.759, ITC Centre, Anna Salai, Chennai-2 ....Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in her favour and against the first defendant, (i)directing th first defendant to pay the sum of Rs.1,19,85,000/- (Rupees One Crore Nineteen Lakhs and Eighty Five Thousand only) together with interest at 10% p.a. on the principal sum of Rs.94,00,000/- (Rupees Ninety Four Lakhs only) from this date to the date of payment.

(ii)directing the first defendant to pay a sum of Rs.53,36,000/- (Rupees Fifty Three Lakhs and Thirty Six Thousand only) as compensation for the Capital Gains Tax liability incurred by the plaintiff with interest on the sum of Rs.46,00,000/- (Rupees Forty Six Lakhs only) at 12% p.a. from this date to the date of payment and (iii) creating charge over the schedule mentioned property till the amounts payable as per prayers (i) and (ii) above are paid by the first defendant, (iv)directing the first defendant to pay the costs of this suit This civil suit coming on this day before this Court for hearing in the presence of Mr.A.Jothi for Mr.S.Partheeban, advocate for the plaintiff herien and Mr.P.Ananda Kumar, Advocate for the defendants 1 and 2 herein and Mr.N.R.

Kaushik, Advocate for the 3rd defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiff herein having submitted that the matter has been settled out of Court and he has also made an endorsement on the plaint to that effect that "The case is settled out of court. Refund of court fees may be ordered. Necessary orders may be passed.

That the suit in C.S.No.716 of 2017 be and is hereby disposed of as settled out of Court.

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 C.Rajam Manjula, the plaintiff herein, authorising her to receive from the Pay and Accounts Office,High Court Chennai, for a sum of Rs.1,80,260/- (Rupees One Lakh Eighty Thousand Two Hundred and Sixty only) being the entire court fee paid on the plaint by the plaintiff herein.

3. That the connected application in A.No.1279 of 2022 do stand closed.

4. 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 23RD 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.

DL 04.04.2022 C.S.No.716 of 2017

ORDER

DATED : 23.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 05.04.2022 APPROVED ON : 06.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM:

THE HON'BLE JUSTICE MRS.V.BHAVANI SUBBAROYAN C.S. No. 716 of 2017 C.Rajam Manjula ..

Plaintiff

Versus

1.Dr.Sangeetha Visweswar 2.Dr.P.Visweswar Reddy 3.HDFC Bank Limited No.759, ITC, Centre, Anna Salai, Chennai-2.

Chennai-600 090.

..

Defendants Prayer: Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII, Rule 1 of Civil Procedure code, for directing the first defendant to pay a sum of Rs.1,19,85,000/- (Rupees One Crore Nineteen Lakhs and Eighty Five Thousand Only) together with interest at the rate of 10% p.a. on the principal for a sum of Rs.94,00,000/- (Rupees Ninety Four Lakhs Only) from this date to the date of payment; (ii) directing the first defendant to pay a sum of Rs.53,36,000/- (Rupees Fifty Three Lakhs and Thirty Six Thousand Only) as compensation for the Capital Gains Tax Liability incurred by the plaintiff with interest on the sum of Rs.46,00,000/- (Rupees

Forty Six Lakhs Only) at the rate of 12% p.a. from this date to the date of payment; (iii) for creating charge over the schedule mentioned property till the amounts payable as per prayers (i) and (ii) above are paid by the first defendant and (iv) directing the first defendant to pay the costs of this suit. For Plaintiff : Mr.A.Jothi For Mr.S.Partheeban For Defendants 1 and 2 : Mr.P. Ananda Kumar For Defendant 3 : Mr.N.R.Kaushik ---

J U D G M E N T

Today, when the matter is taken up for hearing, it is represented by the learned counsel for the plaintiff that the matter has been settled out of Court. He has also made an endorsement to that effect on the plaint. 2.Recording the above submission and the endorsement made by the learned counsel for the plaintiff, this Civil Suit is disposed of as settled out of Court. No costs. Consequently, the connected Application No.1279 of 2022 is closed.

Sd./-V.B.S.J.

23.03.2022 //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.