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Madras High CourtC.S(COMM DIV)/302/2023decreed

Go Fashion India Limited v. Go Plus Textile Llp

2024-12-09Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND A. 2182 OF 2024,A. 2180 OF 2024,A. 2181 OF 2024,A. 2179 OF 2024 GO FASHION INDIA LIMITED APPELLANT(S) Vs GO PLUS TEXTILE LLP CEO MR. GAUTAM SARAOGINO.16, 2ND FLOOR, BLOCK-A, SUMEL BUSINESS PART-3, RAJHIRAPUR, NR. MAHIPATRAM ASHRAM, AHEMEDABAD NEW TEXTILES MILL, OPP. RAIPUR GATE, RAIPUR N C MARKET, AHMEDABAD, GUJARAT - 380002.

RESPONDENT(S) Go Plus Textile Llp BLOCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHI PATRA ASHRAM AHMEDABAD GUJARAT APPELLANT(S) Vs GO FASHION (INDIA) LIMITED BLOCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHI PATRA ASHRAM AHMEDABAD GUJARAT RESPONDENT(S) Go Fashion India Limited APPELLANT(S) Vs

Go Plus Textile Llp RESPONDENT(S) Go Plus Textile Llp BOLCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHIPATRAM ASHRAM AHMEDABAD GUJRAT APPELLANT(S) Vs GO FASHION (INDIA) LIMITED BOLCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHIPATRAM ASHRAM AHMEDABAD GUJRAT RESPONDENT(S) Go Fashion India Limited APPELLANT(S) Vs Go Plus Textile Llp RESPONDENT(S) For Appellant(s):

M/S. ARUN C MOHAN S. KARTHIK KEERTHIKIRAN MURALI K. VENKATESAN CHANDINI PRADEEP KUMAR VANDANA JAIN SHRUTHI SRINIVASAN SWABHHI TYAGI ADVAIDH NELAKANTTAN

For Respondent(s):

M/S. A.K. BALAJI (344/2007) S. NITHYA (1224/2007) B. YOKESH (8025/2021) MOHAN DEWAN (MAH/376/1973) R.K.DEWAN AND CO FOR SOLE DEFT - D.NO. 4330/2024 FILED ON 08.02.2024 NO.44, DARE HOUSE ANNEXE, 4TH FLOOR, 2ND LINE BEACH, CHENNAI-600 001 (PH: 9380639936) SOLE DEFENDANT - WRITTEN STATEMENT FILED For Appellant(s)(s):

M/S.MOHAN DEWAN A.K.BALAJI S.NITHYA YOKESH B For Respondent(s):

For Appellant(s)(s):

M/S.MOHAN DEWAN M/S.ARUN C MOHAN A.K.BALAJI S.NITHYA YOKESH B For Respondent(s):

For Appellant(s)(s):

M/S.MOHAN DEWAN M/S.ARUN C MOHAN A.K.BALAJI S.NITHYA YOKESH B For Respondent(s):

For Appellant(s)(s):

M/S.MOHAN DEWAN M/S.ARUN C MOHAN A.K.BALAJI S.NITHYA YOKESH B VASUNDHARA ARUN For Respondent(s):

ORDER

The learned counsel for the plaintiff has made the following endorsements: "Counsel for the plaintiff submits that prayers (c) to (g) are not pressed and the suit may be decreed as per prayer (a) and (b)."

2. The learned counsel for the defendant, on instructions, is agreeable to the same. She has also counter signed the endorsement made by the learned counsel for the plaintiff. In terms of the endorsement made by the learned counsel for the plaintiff, the suit is decreed as prayed for in the endorsement. However, the other reliefs sought for in the plaint, viz., prayers (c) to (g) are not pressed by the learned counsel for the plaintiff as seen from the endorsement made by the learned counsel for the plaintiff on instructions.

3. The learned counsel for the defendant on instructions is also agreeable to the endorsement made by the learned counsel for the plaintiff. In terms of the endorsement

made by the learned counsel for the plaintiff, which has been agreed upon by the learned counsel for the defendant on instructions, the suit in so far as prayers (a) and (b) are concerned, is decreed as prayed for by the plaintiff. However, in so far as the prayers (c) to (g) in the plaint are concerned, the same are not granted by this Court as agreed upon by both the parties to the dispute. The endorsements made by the respective counsels shall form part of this Judgment. No Costs. Consequently, connected applications are closed.

09-12-2024 To

1. GO PLUS TEXTILE LLP CEO MR. GAUTAM SARAOGINO.16, 2ND FLOOR, BLOCK-A, SUMEL BUSINESS PART-3, RAJHIRAPUR, NR. MAHIPATRAM ASHRAM, AHEMEDABAD NEW TEXTILES MILL, OPP. RAIPUR GATE, RAIPUR N C MARKET, AHMEDABAD, GUJARAT - 380002.

1. GO FASHION (INDIA) LIMITED BLOCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHI PATRA ASHRAM AHMEDABAD GUJARAT

1. GO PLUS TEXTILE LLP

1. GO FASHION (INDIA) LIMITED BOLCK A SUMEL BUSINESS PARK 3 RAJHIRAPUR NR MAHIPATRAM ASHRAM AHMEDABAD GUJRAT

1. GO PLUS TEXTILE LLP