Madras High Court
C. Kanakasabapathy vs M/S. Eros Theatre-Santha on 1 August, 2023
1 C.S.No.1093 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2023
CORAM
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.S.No.1093 of 2009
1. C. Kanakasabapathy,
2. Vatsala Kanakasabapathy,
3. K. Manivannan ...Plaintiffs
.Vs.
1.M/s. EROS THEATRE-Santha
Sundara Mahal a Partnership concern
rep. by its partners, at No.79, Lattice Bridge Road,
Chennai.
2.Shantha Sundaram,
3. S. Sivakumar
4. S. Ravikumar
5. Latha,
6.M/s. Sicagen India Ltd.
Rep. by its Senior General Manager,
(Administration and Personnel)
formerly known as M/s. South India
Corporation (Agencies) Ltd.,
at 36-40, Armenian Street, Chennai - 600 001. ... Defendants
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2 C.S.No.1093 of 2009
Prayer:
Plaint filed under Order VII Rule 1 of the CPC, 1908 read with
Order IV Rule 1 of the Original Side, 1957 praying for a judgment and
decree as follows:-
a) Declaration that the 1st defendant partnership firm of M/s.EROS
THEATRE- Santha Sundara Mahal constitutued under the Deed of
Partnership dated 29.03.1983 has been dissolved on and from 23.08.2009
and /or from such other date as may be fixed by this Hon'ble Court.
b) directing the defendants 1 to 4 to render an account of the
income, profits and receipts of the 1st defendant partnership business and
its assets and liabilities on and from 29.03.1993 or from such other date
till such date as may be fixed by this Hon'ble Court while passing a
preliminary decree for dissolution of partnership.
c) Directing the partition by metes and bounds and for recovery of
possession of the 2nd plaintiff's undivided half share by in the A-
Schedule mentioned property.
d) If for any reason the relief of partition as prayed for in prayer (c)
above is not granted, alternatively for passing a decree for partition by
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3 C.S.No.1093 of 2009
metes and bounds of the A schedule mentioned property and other assets
of the 1st defendant dissolved firm on taking accounts of the dissolved
firm and for allotment of the plaintiffs 3/7th share or such other share in
the A-Schedule mentioned property as may be decided by this Hon'ble
Court.
e) Granting a decree for permanent injunction restraining the 6th
defendant lessee, their men, agents, servants and representatives from
making or paying or delivering the rent cheque and/or any amount
payable by them in respect of the schedule mentioned property to the
defendants 2 to 5 and/or to any of them herein but to deposit the monthly
rent and other payments payable under the lease arrangement in respect
of the A Schedule mentioned property to the credit of the above suit to be
distributed or disbursed among the plaintiffs and to the defendants 2 to 5
according to law on taking of accounts of the dissolved 1st defendant
firm.
f) Granting a permanent injunction restraining the defendants 2 to
5 or any of them, their men, agents, and representatives from in any
manner dealing with or alienating the assets and properties of the 1st
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4 C.S.No.1093 of 2009
defendant partnership by sale or otherwise and/or commit any acts of
waste or damage to the schedule mentioned properties.
g) To appoint a Receiver to take charge of the assets, accounts
books and record of the 1st defendant partnership business kept at the
business place of the 1st defendant and/or at 929, Poonammallee High
Road, Chennai at the residence of the defendants 2 to 4 and / or at the
business place of the said defendants at Madhavaram High Road or at
any other place as may be disclosed by the defendants 1 to 4 and to
collect, realize or receive the rental income payable by the 6th
defendant/lessee for their occupation of the A Schedule mentioned
property with such directions for maintaining and managing the business
of the partnership till the process of dissolution of the partnership is
completed.
h)Directing the defendants to pay the plaintiffs the costs of this
suit and i) Granting the plaintiffs such other relief or reliefs.
For Plaintiffs : M/s. S. Madhini Devi
(For PL. Annamalai)
For Defendants : Mr. C. Uma Shankar for D3&D4,
: No Appearance for DD2, 5,6& 7
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JUDGMENT
When the matter came up today for hearing, the learned counsel
for the plaintiffs submitted that the suit before the Arbitrator has already
been disposed of. Hence, nothing survives in the suit for further
adjudication and accordingly she makes an endorsement in the plaint to
that effect.
2. In view of the submissions and endorsement made by the
learned counsel for the plaintiffs in the plaint, the suit shall stand
disposed of. No costs.
01.08.2023
Note: The Court Fee shall be refunded as per Original side Rules.
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Index : No
Internet : Yes
Speaking order
https://www.mhc.tn.gov.in/judis
A.A.NAKKIRAN.,J
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C.S.No.1093 of 2009
01.08.2023
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