Madras High Court
P.V.R.S.Manikumar vs M/S.Balan Bio Sciences Pvt. Ltd on 28 October, 2021
S.A.No.734 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.734 of 2017
and CMP No.21826 of 2018
P.V.R.S.Manikumar,
Proprietor,
M/s.Vinyl General Industries,
S/o.late P.Apparao,
No.6, Jamalia Nagar,
Perambur High Road,
Chennai – 600 012. ... Appellant
Vs.
1. M/s.Balan Bio Sciences Pvt. Ltd.,
Rep. by its Director,
Mrs.Usha Nandakumar,
No.301, Padmavathy Apartments,
Sadat Manzil, Ameerpet,
Hyderabad.
2. Usha Nandakumar ... Respondents
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
Code against the Judgment and Decree, dated 25.11.2016 made in A.S.No.154
of 2016 on the file of the learned XVIII Additional City Civil Court, Chennai,
confirming the Judgment and decree in O.S.No.3988 of 2012 on the file of the
learned XIII Assistant Judge, City Civil Court, Chennai, dated 27.06.2014.
https://www.mhc.tn.gov.in/judis/
S.A.No.734 of 2017
For Appellants : Mr.Manoj Sreevalsan
For Respondents : Ms.Rathina Asohan
JUDGMENT
Aggrieved over the concurrent findings of the Courts below,
decreeing the suit filed by the plaintiff, the defendant has preferred the present
Second Appeal.
2. The learned counsel for the appellant has filed an affidavit of
undertaking, dated 27.10.2021 before this Court wherein it has been stated that
as agreed by the respondents, the appellant is willing to pay a sum of
Rs.4,69,857/- within a period of three months. However, the time sought for by
the appellant is objected by the respondents.
3. The learned counsel for the respondents submitted that the cost of
the suit should also be paid to the tune of Rs.55,000/- along with the suit
amount.
4. Considering the submission made by both sides as well as the
affidavit of undertaking, this Court directs the appellant to pay a sum of
https://www.mhc.tn.gov.in/judis/
S.A.No.734 of 2017
Rs.5,00,000/- (Rupees five lakhs only) towards the suit amount along with cost
within a period of 60 days from today i.e., 28.10.2021, failing which, the
respondents are entitled to proceed with the Execution Petition which is
already been pending before the learned XXVIII Additional Judge, City Civil
Court, Chennai in EP.No.2018 of 2017 for the principle and interest as claimed.
5. Accordingly, the Second Appeal is ordered in terms of settlement
out of Court. Since the issue settled out of court, Registry is directed to refund
the Court fee paid under Section 69 of the Tamil Nadu Court Fees and Suits
Valuation Act, 1955. There shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
28.10.2021
vum
Index : Yes/No
Speaking order / Non speaking order
To
1.The XVIII Additional City Civil Court, Chennai
2.The XIII Assistant Judge, City Civil Court, Chennai
3. The Section Officer,
VR Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
S.A.No.734 of 2017
M. GOVINDARAJ, J.
vum
S.A.No.734 of 2017 and
CMP No.21826 of 2018
28.10.2021
https://www.mhc.tn.gov.in/judis/
