Madras High Court
Vgn Projects Estates Private ... vs Phl Fininvest Private Limited on 28 April, 2022
C.S.(Comm.Div.) No.128 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.128 of 2021
and
A.No.714 of 2022
1. VGN Projects Estates Private Limited,
(Formerly known as VGN Property Developers Private Ltd)
Having address at No.15, Wallace Garden 2nd Street,
Nungambakkam, Chennai - 600 006.
Represented by its Managing Director Pratish Vedhappudi
2. Deltaf Techcomm India Pvt Ltd
(Formerly known as VGN Infotech Private Limited)
Represented by its Managing Director Pratish Vedhappudi
Having address at No.15, Wallace garden, 2nd street,
Nungambakkam, Chennai, Tamil nadu - 600 006.
... Plaintiffs
vs.
1. PHL Fininvest Private Limited
(Formerly known as Piramal Capital and
Housing Finance Limited)
Having registered address at
3rd Floor, Piramal Tower,
Peninsula Corporate Park,
Ganpatrao Kadam Marg,
Lower Parel, Mumbai - 400 013.
2. Altico Capital India Limited
(Rep by Catalyst Trusteeship Limited)
Having address at Windsor, 6th Floor,
1/4
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.128 of 2021
Office No.604, C.S.T.Road, Kalia,
Santacruz (East), Mumbai - 400 098.
3. Vistra ITCL (India) Limited
(Formerly known as IL & FS Trust Company Limited)
Having its office at
The IL & FS Financial Centre,
Plot No.C22, G Block,
Bandra Kurla Complex,
Bandra East, Mumbai.
4. V.N.Devadoss ... Defendants
PRAYER: Plaint filed under Section 7 of Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act No.4 of
2016 read with Order VII Rule I C.P.C and Order IV Rule 1 of O.S Rules,
prayed for Judgment and Decree:-
(a) Decree for Mandatory Injunction directing the 3rd defendant to
return the original title deeds of the properties described in the schedule
hereunder, to the plaintiffs pursuant to the discharge of all dues to the
defendants 1 and 2 and consequent extinguishment of any right to keep
possession of said title documents;
(b) For Permanent Injunction restraining the defendants 1 to 3,
their men, agents or anyone claiming under them from in any manner
releasing the original title deeds described in the schedule of the plaint
to the 4th defendant or anyone else except the 1st plaintiff as directed by
the 1st defendant in its letter dated 18.11.2021.
2/4
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.128 of 2021
(e) Directing the defendants to pay the costs of the suit.
For Plaintiffs : Mr.P.R.Raman,
Senior Advocate
For M/s.Maithreyi Canthaswamy
For D1 : Mr.Edward James
For D4 : Mr.E.Omprakash,
Senior Advocate
For M/s.R.Murali
**********
JUDGMENT
The parties report that the outstanding obligations under the
Memorandum of Compromise dated 22.04.2022 were duly fulfilled.
Consequently, the plaintiff seeks permission to withdraw the suit as
settled out of Court. An endorsement to the said effect was made.
Accordingly, C.S.(Comm.Div)No.128 of 2021 is dismissed as Settled out
of Court. Since the suit was settled out of Court before evidence was
recorded, the plaintiff shall be entitled to refund of the full court fee.
Consequently, connected application is closed.
28.04.2022
nvi
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.128 of 2021
SENTHILKUMAR RAMAMOORTHY,J
nvi
C.S.(Comm.Div.) No.128 of 2021 and
A.No.714 of 2022
28.04.2022
https://www.mhc.tn.gov.in/judis
