Madras High Court
M/S.Jain Capitals vs Raj Bai Anusuya Devi Gulechha on 11 April, 2022
C.S.No.651 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.651 of 2015
M/s.Jain Capitals
A Partnership Firm
Represented by its Partner,
L.V.Sathyanarayan,
No.164, Linghi Chetty Street, ... Plaintiff
Chennai – 600 001.
Vs.
1.Raj Bai Anusuya Devi Gulechha
Memorial Charitable Trust,
Represented by its Managing Trustee,
Mr.Jaikumar Jain,
Plot No.314, Door No.1/4,
Kamaraj Nagar, 4th Main Road,
Thiruvanmiyur, Chennai – 600 041.
2.Housing and Urban Development Corporation Ltd., (HUDCO)
Represented by its Senior Manager,
Regional Office:
5th Floor, CMDA Tower-1,
Gandhi-Irwin Road, Egmore,
Chennai – 600 008.
3.M/s.Shri Krishna Trust,
Represented by its Managing Trustee,
No.8, Ponniamman Koil Street,
Hasthinapuram, Chennai – 600 064.
https://www.mhc.tn.gov.in/judis
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C.S.No.651 of 2015
4.The Recovery Officer,
Debts Recovery Tribunal – I,
6th Floor, Spencer Towers,
Anna Salai, Chennai – 600 002. ... Defendants
Prayer: Plaint filed under Order IV Rule 1 of Original Side Rules and
Read with under Order VII Rule 1 of the CPC, to pass a judgment and
decree: (a) directing the 1st defendant herein to pay to the plaintiff a sum
of Rs.4,00,00,000/- (Rupees Four Crores only) towards the principal and
a sum of Rs.1,00,00,000/- (Rupees One Crore only) towards interest in
all totaling to Rs.5,00,00,000/- (Rupees Five Crores only)
Rs.4,00,00,000/- with future interest at the rate of 12% p.a. from the date
of plaint till the date of realization; (b) for a declaration that the auction
sale process of the suit property conducted by the 4th defendant on
30.09.2014 followed by the issuance of the Letter of Confirmation of
Sale of Immovable Property dated 13.05.2015 in favour of the 3rd
defendant is null and void and non-est in law as the same is vitiated by
fraud; (c) for a permanent injunction restraining the 4th defendant herein,
from and in any manner issuing the Sale Certificate in respect of the suit
property in favour of the 3rd defendant or any other person pursuant to the
Letter of Confirmation of Sale of Immovable Property dated 13.05.2015
issued by the 4th defendant in favour of the 3rd defendant; (d) directing
the defendants 1 to 3 herein to pay the costs of this suit to the plaintiff;
and e) grant such further or other relief or reliefs as this Court may deem
fit, proper and necessary in the circumstances of the case and thus render
justice.
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C.S.No.651 of 2015
For Plaintiff : Mr.N.Rama Krishnan
for M/s.Waraon & Sai Rams
For Defendants : Mr.K.S.Sundar for D2
JUDGMENT
Learned counsel for the plaintiff seeks permission of this Court to
withdraw the suit and also seeks refund of Court fee. He also made an
endorsement to that effect in the Court bundle.
2.The same may be considered and paid as per the regulations.
3.In view of the above, this suit is dismissed as withdrawn. There
shall be no order as to costs.
11.04.2022
Index : yes/no
Speaking Order:yes/no
pam
https://www.mhc.tn.gov.in/judis
C.S.No.651 of 2015
V.BHAVANI SUBBAROYAN, J.
pam
List of documents marked on the side of the plaintiff
Nil
List of witnesses examined on the side of the plaintiff
Nil
List of documents marked on the side of the defendants
Nil
List of witnesses examined on the side of the defendants
Nil
C.S.No.651 of 2015
11.04.2022
https://www.mhc.tn.gov.in/judis
