Unknown vs Dr.P.Vijayakumar
2022 Latest Caselaw 7356 Mad

                                                                                   C.S.No.285 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 07.04.2022

                                                          CORAM

                           THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                                     C.S.No.285 of 2010

                     Mr.Prakash Chand Lalwani

                     [Amended as per order dated 05.09.2012
                     in A.No.3615 of 2012                                         ... Plaintiff

                                                             Vs.

                     Dr.P.Vijayakumar                                             ... Defendant



                                  Plaint filed under Order VII Rule 1 of CPC read with Order IV
                     Rule 1 of O.S. Rules, praying for a judgment and decree as follows :


                                  a) to pay to the plaintiff a sum of Rs.70,80,000/- together with
                     interest at the rate of 24% per annum from the date of plaint till the date
                     of realization.


                                  b) In the event of default of payment of the aforesaid amount,
                     direct the sale of the properties of the defendant described in the schedule
                     hereunder and permit the plaintiff to adjust the amounts which are due
                     from out of the sale proceeds after defraying expenses.


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                                                                                         C.S.No.285 of 2010



                                  c) In the event of shortage of amount, permit the plaintiff to file
                     application for personal decree as against the defendant, including sale of
                     two buses bearing Registration Nos.TN07-AR-4767 and TN07-AR-4929
                     (Amended as per order dated 10.11.2011 passed in A.No.2304 of 2011.


                                  d) To direct the defendant to pay plaintiff the cost of the suit.



                                                 For Plaintiff : Mr.Prithi Chopda
                                                                 For Mrs.A.L.Ganthimathi
                                                 For Defendant : Mr.M.Balaji



                                                          JUDGMENT

The learned counsel for the plaintiff has produced a letter dated

05.04.2022 sent by the plaintiff and submitted that the matter has been

settled out of Court, hence the suit may be dismissed as withdrawn. He

has also made an endorsement in the bundle to the following effect :

“Based on the letter of Mr.Prakash Lalwani (plaintiff) to Mrs.A.L.Ganthimathi dated 05.04.2022, the present suit may be permitted to be withdrawn. As per procedure, if any, court fee may be refunded”

2. In view of the submission and endorsement made by the learned

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C.S.No.285 of 2010

counsel for the plaintiff, this Civil Suit is dismissed as withdrawn.

3. The Registry is directed to refund the Court fee to the counsel

for the plaintiff. There shall be no order as to costs.

07.04.2022 raja

V.BHAVANI SUBBAROYAN.J.,

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

C.S.No.285 of 2010

raja

C.S.No.285 of 2010

07.04.2022

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