M/S. Nippon Enterprises South vs Indian Bank
2022 Latest Caselaw 6860 Mad

                                                                            C.S.No. 597 of 2017 (A)

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 Dated: 01.04.2022
                                                    CORAM :
                      THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
                                              C.S.No. 597 of 2017 (A)


                  M/s. Nippon Enterprises South,
                  A Partnership Firm,
                  Represented by its Managing Partner,
                  Mr.J.P. Acharya, Sterling Silver                                   ..Plaintiff

                                                         Versus

                  Indian Bank
                  Represented by its
                  Assistant General Manager                                       ..Defendant


                            Plaint under Order VII Rule 1 of the Code of Civil Procedure read
                  with Order IV Rule 1 of the Madras High Court Original Side Rules, praying
                  judgment and decree, to direct the defendant to pay the plaintiff a sum of
                  Rs.4,78,11,654/- towards damages suffered by the plaintiff as a direct
                  consequences of the defendant's acts and omissions, together with interest
                  thereon @ 24% per annum from the date of plaint till the date of realization
                  thereof and for costs.




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https://www.mhc.tn.gov.in/judis
                                                                                   C.S.No. 597 of 2017 (A)

                                    For Plaintiff      :     Mr.Gowtam S. Raman
                                                             For M/s. Seethapathy

                                    For Defendant      :     Mr.Aiyar and Dolia
                                                            ----


                                                      JUDGEMENT

The learned counsel appearing for the plaintiff seeks permission of this

Court to withdraw the Civil Suit and has also filed a memo dated 14.03.2022

to that effect, which reads as follows:-

"1. The plaintiff submits that the above C.S.No.597 of 2017 was filed praying for damages against the defendant.

2. It is submitted that as instructed by the plaintiff through his email dated 03.03.2022 that the matter has been settled out of Court between the parties, the above suit may be dismissed as 'Settled Out of Court" and kindly order to refund the Court fee paid on the plaint and issue the cheque in the name of the plaintiff".

2. Recording the aforesaid memo dated 14.03.2022 filed by the learned

counsel appearing for the plaintiff, this Civil Suit is dismissed as "Settled out

of Court". No costs.

https://www.mhc.tn.gov.in/judis C.S.No. 597 of 2017 (A)

3. Registry is directed to refund the Court Fee paid by the plaintiff in

the civil suit in accordance with the provisions of the Tamil Nadu Court Fees

and Suit Valuation Act, 1955.

01.04.2022

Speaking order : Yes/No msm

https://www.mhc.tn.gov.in/judis C.S.No. 597 of 2017 (A)

V.BHAVANI SUBBAROYAN, J.

msm

C.S.No. 597 of 2017 (A)

01.04.2022

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