M/S.Kamachi Industries Ltd vs M/S.Simplex Infrastructures ...
2021 Latest Caselaw 3278 Mad

                                                                                 C.S.No.473 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated : 10.02.2021

                                                        CORAM:

                            THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                   C.S.No.473 of 2017
                                                          and
                                                   A.No.1044 of 2018


                     M/s.Kamachi Industries Ltd.,
                     Formerly known as
                     M/s.Kamachi Sponge & Power Corporation Ltd.,
                     Rep., by its Office Executive-Legal,
                     Mr.P.Baskaran,
                     No.39, ABC Trade Centre III Floor,
                     Inside Devi Theatre Complex,
                     Anna Salai, Chennai – 600 002.
                                                                                   .. Plaintiff
                                                         /versus/

                     M/s.Simplex Infrastructures Limited,
                     New No.48, Old No.21,
                     Casa Major Road, Egmore,
                     Chennai – 600 008.
                                                                         .. Defendant

                                    This Civil Suit is filed under Order XXXVII Rule 2 of C.P.C,
                     1908, read with Order VII Rule 1 of the High Court Rules, prayed for a
                     judgment and decree against the Defendant for:-




                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                                    C.S.No.473 of 2017

                                   a).the sum of Rs.1,16,23,105/- together with interest at the rate
                     of 24% per annum on Rs.1,09,92,209/- from the date of filing the plaint
                     till the date of payment and/or realisation;


                                   b).the cost of the suit; and


                                       For Plaintiff              : Mr.K.Mahalingam
                                       For Defendant              : Ms.G.Annapoorani

                                                        JUDGMENT

The learned counsel for the Plaintiff is present through

physical hearing and the learned counsel for the Defendant appeared

through video conferencing.

2.It is stated that as against the order of this Court in

A.No.4534 of 2017 in C.S.No.473 of 2017 dated 06.06.2018, the

Defendant had filed the Original Side Appeal and pending the appeal, the

parties had though it fit to enter into a settlement. The learned counsel for

the Plaintiff therefore stated that he may be permitted to withdraw the

suit as settled out of Court. The learned counsel for the Plaintiff also

made the following endorsement in the plaint.

https://www.mhc.tn.gov.in/judis/ C.S.No.473 of 2017

“This suit claims has been settled out of

Court during the pendency of OSA and hence this

suit may be dispersed settled out of Court and Court

fee may be refunded to the Plaintiff.”

3.In view of the same, the suit is dismissed as settled out of

Court. No costs. Consequently, the connected application is closed.

4.The Plaintiff is entitled for refund of Court fees and the

Registry may refund the Court fees in accordance with the rules, to the

Plaintiff, on proper acknowledgment and undertaking.

10.02.2021

smv

Internet : Yes / No Index : Yes / No

https://www.mhc.tn.gov.in/judis/ C.S.No.473 of 2017

C.V.KARTHIKEYAN.J.,

smv

C.S.No.473 of 2017

10.02.2021

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