E.Velu vs Mr.S.Mohankumar
2022 Latest Caselaw 17263 Mad

                                                                                          C.S.No.354 of 2021


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.11.2022

                                                           CORAM

                                    THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

                                                   Civil Suit No.354 of 2021
                                                               and
                                                  Application No.3365 of 2022

                      E.Velu                                                          ... Plaintiff
                                                             versus

                      1.Mr.S.Mohankumar
                      2.Ms.Divya M.Jain
                      3.Ms.Bhavaika M.Jain
                      4.Ms.M.Kushbu M.Jain
                      5.Ms.M.Rekha M.Jain                                             ... Defendants

                      Prayer:           The Civil Suit filed under Order IV Rule 1 of the Madras High
                      Court Original Side Rules and Order VII Rule 1 of CPC., directing the
                      defendants to pay a sum of Rs.4,79,00,000/- together with future interest at
                      the rate of 18% per annum on the principal amount of Rs.4.79.00.000/-
                      from the date of plaint till the date of payment in full and to pass mandatory
                      injunction directing the defendants to return of the original documents
                      referred to in Table 1 to 3 herein and for costs of the suit.


                                  For Plaintiff     : Mr.V.Ramesh
                                                      For Mr.T.Thiyagarajan
                                  For D1, D3 to D5 : Mr.R.Thiagarajan

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                                                                                       C.S.No.354 of 2021


                                                                            C.V.KARTHIKEYAN,J.,
                                                                                           ssi

                                                         JUDGMENT

In view of the fact that the issue had now been relegated to be

examined by an Arbitrator, keeping the suit any further on the file of this

Court may not be required. If the learned Arbitrator returns a finding that

the issues raised are not arbitrable in nature, then the plaintiff will have

every right to institute a fresh suit on the same cause of action. Since no

effective progress had been done, taking advantage of Section 69 of the

Tamil Nadu Court Fees and Suits Valuation Act, as the matter had been

referred to arbitration, the plaintiff is entitled for refund of Court Fees in

accordance with the rules.

2. With the above direction, the suit is disposed of. Consequently,

the connected applications also closed.

03.11.2022 (2/2) Index:Yes/No Speaking Order : Yes/No ssi

C.S.No.354 of 2021

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