Madras High Court
Modern Facility & Security ... vs A.Sathath on 26 April, 2021
C.S.No.104 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.04.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.104 of 2017
Modern Facility & Security Management
Rep.by Managing Partner,
Moses Ravi Kumar (Director-Operations)
No.3, 1st Floor, Vishalatchi Street,
Balavinayagar Nagar, Arumbakkam,
Chennai 600 106. .. Plaintiff
/versus/
1.A.Sathath,
S/o.G.Akbar
No.7/74, 15th, 3rd cross street,
Periyar Nagar, Chennai-82.
2.M.Elumalai,
S/o.R.Madhava Reddiyar,
BG-1, No.42/6, Kannaki Street,
Choolaimedu, Chennai 600 094.
3.Modern Security Management Services
Rep.by its sole proprietor M.Elumalai,
No.42/6, Kannagi Street, Avvai Nagar,
Choolaimedu, Chennai-600 094. .. Defendants
This Civil Suit is filed under Order IV Rule 1 & Order XXIII
Rule 1 of Original Side Rules read with Order VII Rule 1 & Order XXX
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C.S.No.104 of 2017
of CPC, prayed for (a) to declare that the Retirement Deed executed by
the 2nd defendant dated 11.03.2013 retiring from the plaintiff firm and
duly registered before the Registrar of Firm Chennai Central as null and
void as it is vitiated by fraud and misrepresentation and to the detriment
of the plaintiff firm;
(b) that the 2nd and 3rd defendants be restrained by a permanent
injunction from carrying on the business by using the clientals, manpower
and other business connections established by the plaintiff firm and its
good will by super imposing the 3rd defendant concern registered in
Doc.No.10/2013 dated 07.01.2013 before the SRO, Royapuram and
consequential business developments therein by the 2nd defendant;
(c ) to direct the 2nd and 3rd defendants jointly and severally to
pay to the plaintiff firm a sum of Rs.1,79,87,000/- with interest @ 18%
per annum amounting to Rs.32,37,660/- and interest at 18% per annum
from the date of filing this suit till the date of realization;
(d) to direct the 2nd and 3rd defendants to pay and account to the
plaintiff a sum of Rs.27,84,567/- with interest at 18% per annum
amounting to Rs.5,28,970/- from the date of due including 35 days of
credit period and interest at 18% per annum on Rs.33,13,567/- from the
date of filing of this suit till the date of realization;
(e) to direct the defendants to compensate appropriately the
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C.S.No.104 of 2017
plaintiff firm for damages caused due to breach of trust and loss of
business caused to the plaintiff firm; and
(f) a general account of all the assets and liability and for all the
profits and loss arising from the plaintiff partnership firm by the
defendants along with the business of the 2nd and the 3rd defendants be
taken from the date of commencement and be directed to pay, deliver and
distribute to the partners of the plaintiff firm in their respective share as it
stood prior to amendment dated 11.03.2013; and
(g) grant the costs of the suit and such further or other reliefs
which this Hon'ble Court deemed fit and proper after taking in
consideration all the facts and circumstances of the case;
For plaintiff : No appearance
JUDGMENT
There is no representation for the plaintiff consecutively for
three hearings. Hence the civil suit is dismissed for default. No costs.
26.04.2021
Speaking Order / Non-Speaking Order
Index : yes/no
rpl
Dr.G.JAYACHANDRAN,J.
rpl
http://www.judis.nic.in
C.S.No.104 of 2017
C.S.No.104 of 2017
26.04.2021
http://www.judis.nic.in
