Madras High Court
M/S.Surana Industries Ltd vs M/S.Good Earth Maritime Ltd on 21 September, 2021
C.S.No.190 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.190 of 2008
1.M/s.Surana Industries Ltd.,
Represented by its Managing Director,
Mr.Dineshchand Surana,
No.29, Whites Road, 2nd Floor,
Royapettah, Chennai – 600 014.
2.Mr.Ramakrishna Sadasivan, Company Liquidator,
M/s.Surana Industries Ltd.,
(a Company in Liquidation),
29, Whites Road, 2nd Floor, Royapettah,
Chennai – 600014.
(2nd Plaintiff impleaded as per order dated
03.12.2019 in Appl.No.8364 of 2019) ...Plaintiffs
Vs.
1.M/s.Good Earth Maritime Ltd.,
Haveli No.2, North Crescent Road,
T.Nagar, Chennai – 600 017.
2.M/s.Bhoruka Steel Ltd.,
No.308, Thambu Chetty Street,
Chennai – 600 001.
3.Chennai Port Trust,
Represented by its Chairman,
Chennai – 600 001.
1/6
https://www.mhc.tn.gov.in/judis/
C.S.No.190 of 2008
4.M/s.Midland Resources Holding Ltd.,
P.O.Box 646, Havelet House,
South Esplanade Street, Peter Port,
Guernsey Channels Islands,
GIY 3JS. ...Defendants
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1
of the original side rules, praying to direct the defendants to jointly and
severally pay the plaintiff a sum of Rs.20 Crores with interest at 18% per
annum from the date of suit till the date of realization in full and for costs of
the suit.
For Plaintiffs : Mr.J.Manivannan
For Defendants : Mr.G.Balasubramanian for
M/s.Poovayya & Co for D2
Mr.R.Karthikeyan for D3
Mr.S.Raghunathan for D1
JUDGMENT
Mr.J.Manivannan, learned counsel appearing for the Liquidator
has filed a memo seeking permission to withdraw the suit. He has also
prayed for refund of the Court fee. The said memo is taken on file and this
suit is dismissed as withdrawn.
https://www.mhc.tn.gov.in/judis/
C.S.No.190 of 2008
2.Considering the fact that the Court fee paid is huge, there will
be an order for refund of the Court fee paid, by issuing a cheque in favour of
Mr.S.Ramakrishna Sadasivan, Liquidator of the plaintiff Company. Cheque
to be handed over to Mr.J.Manivannan, learned counsel for the plaintiffs.
As far as the counter claim is concerned, the defendants are entitled to make
a claim before the learned Official Liquidator. The learned Official
Liquidator shall receive the claim and consider the same on merits de hors
the question of limitation, if the claim is filed within 60 days from today.
3.In view of the direction, the Court fee paid on the counter claim
is also directed to be refunded to the 2nd defendant by issuing a cheque in
the name of the 2nd defendant.
21.09.2021
kkn
Internet:Yes
Index:No
Non-Speaking
https://www.mhc.tn.gov.in/judis/
C.S.No.190 of 2008
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendants:
Nil
21.09.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.190 of 2008
R.SUBRAMANIAN, J.
KKN
C.S.No.190 of 2008
https://www.mhc.tn.gov.in/judis/
C.S.No.190 of 2008
21.09.2021
https://www.mhc.tn.gov.in/judis/
