A.R.Damodara Mudaliar And Sons v. K.V.Subba Rao

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2018

CORAM

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN AND THE HON'BLE MR.JUSTICE P. RAJAMANICKAM OSA.No.446/2018 & CMP.No.21821/2018 1.M/s.Ganapathi Funds Partnership Firm, rep.by its Managing Director 2.J.S.Srinivasan Managing Partner, M/s.Ganapathi Funds.

3.Jayaraman Srinivasan Managing Partner, M/s.Ganapathi Funds.

All having office at No.25/296 Paper Mills Road, 1st Floor, Perambur Chennai 600 011.

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Appellants Vs.

1.M/s.Rajarathnam Constructions [P] Ltd.

Rep.by its Managing Director, A.Rathinam No.20, Anderson Road, Ayanavaram Chennai-23.

2.Vichoor Sundaram Jayaraman Managing Partner, M/s.Ganapathi Funds.

3.Thiyagarajan Nataraja Managing Partner, M/s.Ganapathi Funds.

4.Natarajan Sridhar Managing Partner, M/s.Ganapathi Funds.

All having office at No.25/296 Paper Mills Road, 1st Floor, Perambur Chennai 600 011.

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Respondents Prayer: Original Side Appeal filed under Section 13[1] of the Commercial Court Act, Order XXXVI Rule 1 of Original Side Rules read with Clause 15 of the Letters Patent against the fair and decreetal order in A.No.4805/2018 in CS.No.926/2017 dated 10/09/2018. For Appellants :

Mr.K.N.Nataraaj For R1 :

Mr.P.Chandrasekar

JUDGMENT

[Judgment of the Court was delivered by M.SATHYANARAYANAN, J] After some arguments, the learned counsel for the appellants/defendants, on instructions, seeks the permission of this Court to withdraw this appeal with a liberty to put forth all the defence in the main suit and work out his remedy in accordance with law. He has also made an endorsement in the appeal to that effect.

The Court heard the submissions of Mr.P.Chandrasekar, learned counsel appearing for the 1st respondent/Caveator In the light of the submission and endorsement made by the learned counsel for the appellants, this Original Side Appeal is dismissed as withdrawn and if the appellants are so advised and if it is open to them under law, they are always at liberty to raise their defence and work out their remedy in accordance with law. No costs. Consequently, the connected miscellaneous petition is also dismissed. [M.S.N., J.] [P.R.M., J.] 06.12.2018 Internet : Yes AP

M.SATHYANARAYANAN, J., and P. RAJAMANICKAM, J.

AP O.S.A.No.446/2018 06.12.2018