Madras High Court
Collegedunia Web Private Limited vs Srm Institute Of Science And ... on 10 January, 2023
C.S.(Comm.Div.)No.74 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.(Comm.Div.)No.74 of 2022
and
O.A.No.206 of 2022
and
A.Nos.1672, 3414 & 3416 of 2022
Collegedunia Web Private Limited,
Represented by its Authorised Signatory
Mr.Sidharth Sablania
Having its Corporate Office at
4th Floor, Plot No.418-419,
AIHP Signature Tower, Phase IV,
Sector 18, Gurugram,
Haryana - 122 015. ... Plaintiff
Vs
1.SRM Institute of Science and Technology,
A Public Trust,
Represented by Trustees who are named
as Defendants 2 to 6
Having its Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
1/6
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C.S.(Comm.Div.)No.74 of 2022
And also at
Bharathisalai, Ramapuram,
Chennai - 600 089.
2.Dr.T.Parrivendhar,
Founder and Managing Trustee,
with his Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
3.Mrs.P.Eswari,
Trustee,
with Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
4.Mr.P.Ravi,
Trustee,
with Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
5.Mr.P.Sathyanarayanan,
Trustee,
with Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
2/6
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C.S.(Comm.Div.)No.74 of 2022
6.Mr.Niranjansivakumar,
Trustee,
with Office at
No.3, Veerasamy Street,
West Mambalam,
Chennai - 600 033.
7.SRM Technologies Private Limited,
Represented by its 2nd and 5th defendant
as Directors
Having its Registered Office at
No.24, G.N.Chetty Road,
T.Nagar, Chennai - 600 017. ... Defendants
Prayer: This Civil Suit is filed under Order VII Rule 1 of the Code of
Civil Procedure, 1908 read with Order IV Rule 1 of the Original Side
Rules, 1956 and Section 7 of the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act No.4 of
2016, prayed for a Judgment and Decree:-
i) Directing the first defendant represented by defendants 2 to 6
and 7th defendant to jointly and severally pay to the plaintiff a sum of
Rs.1,67,24,504/- (Rupees One Crore Sixty-Seven Lakhs Twenty-Four
Thousand Five Hundred and Four Only) comprising of Rs.1,40,50,000/-
as principal and interest at the rate of 18% per annum from 18 February
2021 till the date of filing suit (11 March 2022) amounting to
Rs.26,74,504/-.
ii) Directing the first defendant represented by defendants 2 to
6 and 7th defendant to jointly and severally pay to the plaintiff interest at
the rate of 18% per annum on principal sum of Rs.1,40,50,000/- at the
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C.S.(Comm.Div.)No.74 of 2022
rate of 18% per annum from the date of the suit till the date of
realization.
iii) Costs of the suit.
For Plaintiff : Mr.N.P.Vijay Kumar
For Defendants :
For D1 to D6 : Mr.B.Sudhir Kumar
For D7 : Mr.C.Jagadish
JUDGMENT
Both the plaintiff and the contesting defendant have filed a
Settlement Agreement and therefore, they do not wish to proceed further
with the suit and an endorsement has been made to that effect by the
learned Counsel for the plaintiff and the first defendant.
2. Under these circumstances, the suit along with the Counter
Claim is dismissed as withdrawn.
3. Considering the fact that the case has not proceeded further
with the trial and no issues have been framed, I am inclined to order
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C.S.(Comm.Div.)No.74 of 2022
refund of the Court Fee in terms of Section 69-A of the Tamil Nadu
Court-Fees and Suits Valuation Act, 1955. Registry is therefore directed
to refund the Court Fee paid by the plaintiff and the first defendant after
due adjustments, in accordance with the provisions of the Tamil Nadu
Court-Fees and Suits Valuation Act, 1955, within a period of four weeks
from today. No costs. Consequently, connected Original Application
and Applications are closed.
10.01.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
arb
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.74 of 2022
C.SARAVANAN, J.
arb
C.S.(Comm.Div.)No.74 of 2022
and
O.A.No.206 of 2022
and
A.Nos.1672, 3414 & 3416 of 2022
10.01.2023
https://www.mhc.tn.gov.in/judis
