C.Usha vs M/S.Assured Capital Services
2023 Latest Caselaw 11101 Mad

                                                                                      C.S. No.96 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.08.2023

                                                         CORAM:

                                  THE HONOURABLE Ms. JUSTICE R.N.MANJULA

                                                    C.S. No.96 of 2023
                    1. C.Usha
                    2. A.Mohamed Rabic                                                  ... Plaintiffs
                                                            Vs.
                    1. M/s.Assured Capital Services,
                       Represented by its Managing Partner,
                       R.Balachandar,
                       No.672, Ground Floor, Temple Towers,
                       CIT Nagar West, Anna Salai, Nandanam,
                       Chennai – 600 035.

                    2. R.Balachandar
                    3. S.Shahul Hameed
                    4. Selva Kumar
                    5. E.Kandhan                                                      ... Defendants

                              Civil Suit is filed under Order VII Rule 1 of Civil Procedure Code and
                    Order IV Rule I of Original Side Rules, 1994, to pass a judgment and decree
                    as against the defendants :
                              a) directing the 1 to 4th defendants to pay the plaintiffs a sum of
                    Rs.1,06,80,000/- (Rupees One Crore Six Lakhs Eighty Thousand Only)
                    along with the interest at the rate of 18% per annum from the date of fililng
                    the suit to the actual date of realization.
                              b) directing the defendants jointly and severally to pay a sum of
                    Rs.2,00,000/- as damages to the plaintiffs for mental pain and suffering


                    1/3

https://www.mhc.tn.gov.in/judis
                                                                                         C.S. No.96 of 2023

                    caused on account of the misappropriation and fraud perpetrated by the
                    defendants.
                              c) to pay cost of the suit.


                                     For Plaintiff s        :   Mr.M.Sivakumar
                                     For Defendants         :   Mr.R.Harikrishnan for D5
                                                                Unserved for D1, D3 and D4
                                                                Service awaited for D2

                                                    JUDGMENT

When the matter was taken up today, the learned counsel for the

plaintiffs submitted that the parties have settled their dispute out of Court

and hence he sought permission to withdraw this suit. He had also made an

endorsement to that effect.

2. In view of the submission made by the learned counsel for the

plaintiffs, the Civil Suit is dismissed as withdrawn as settled out of Court.

The plaintiffs are entitled to refund of entire Court fee as per the Judgment

of the Hon'ble Supreme Court in “The High Court of Judicature at Madras

Vs. M.C.Subramanian and others” in S.L.P.Nos.3063 & 3064 of 2021

dated 17.02.2021. No costs.

                                                                                             23.08.2023
                    Index                   : Yes/No
                    Speaking Order          : Yes / No
                    bkn

https://www.mhc.tn.gov.in/judis C.S. No.96 of 2023

R.N.MANJULA, J.,

bkn

C.S. No.96 of 2023

23.08.2023

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