E.Mohan vs M/S.Vari Maruteshwar Granites
2021 Latest Caselaw 16319 Mad

                                                                          C.S.No.292 of 2019
                                                                       and A.No.3346 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.08.2021

                                                       CORAM

                                   THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                 C.S.No.292 of 2019
                                               and A.No.3346 of 2019


                     E.Mohan
                     Proprietor
                     M/s.Sri Maruthi Exports
                     No.22, 2nd Main Road
                     8th Cross Street
                     Shenoy Nagar West
                     Chennai 600 030                                      ... Plaintiff
                                                        Vs.


                     1.M/s.Vari Maruteshwar Granites
                     AT & POST Huligeri
                     Kustagi Taluk, Koppal District
                     Karnataka State

                     2.State Bank of India
                     By its Senior Manager
                     Huligeri Branch
                     Kustangi Taluk
                     Koppal District
                     Karnataka State                                      ... Defendants



                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                   C.S.No.292 of 2019
                                                                                and A.No.3346 of 2019

                                   Prayer: The Civil Suit has been filed under Order IV Rule 1 of
                     the Original Side Rules read with Order VII Rule 1 of C.P.C, 1908
                     (Commercial Disputes), praying
                                   (a) Directing the 1st defendant to supply the goods as per the
                     Purchase order placed by the plaintiff with the 1st defendant with
                     specifications within such time as this Court may fix on receipts of the
                     balance sale price of Rs.49,23,635/- or in the alternate direct the 1st
                     defendant to refund the sum of Rs.2,72,34,660/- (Rupees Two Crore
                     Seventy Two Lakhs Thirty Four Thousand Six Hundred and Sixty only)
                     being the refund of the money paid with interest monthly rests on
                     Rs.2,00,00,000/- from the date of plaint till the date of actual realisation, the
                     transaction being one Commercial in nature.
                                   (b) Costs of the suit.


                                             For Plaintiff      : Mr.R.Thiagarajan

                                             For Defendants     : Mr.Kalaiselvan for D1
                                                                  Mr.K.Chandrasekaran for D2


                                                            JUDGMENT

(This case has been heard through video conference)

The learned counsel appearing for the plaintiff has filed a memo

stating that the parties have settled their dispute out of Court and hence

https://www.mhc.tn.gov.in/judis/ C.S.No.292 of 2019 and A.No.3346 of 2019

seeks leave to dismiss the suit as settled out of Court and also made a

request to refund the Court fee in the name of Mr.R.T.Chidambaram, one of

the counsels on record of the plaintiff.

2. Recording the memo filed by the learned counsel for the

plaintiff, the suit is dismissed as settled out of Court. The Court fee may be

refunded as prayed in the memo. Consequently, connected application is

also closed. There shall be no order as to costs.

10.08.2021 rpl

https://www.mhc.tn.gov.in/judis/ C.S.No.292 of 2019 and A.No.3346 of 2019

DR.G.JAYACHANDRAN, J.

rpl

C.S.No.292 of 2019 and A.No.3346 of 2019

10.08.2021

https://www.mhc.tn.gov.in/judis/