w w w . L a w y e r S e r v i c e s . i n



Sundaram Finance Services Ltd., rep. by its President, the Principal Officer, having its Office at Deshabandhu Plaza, No. 47, Whites Road, Chennai v/s Shoba Garments (P) Ltd., No. 127-B, Brickkiln Road, Norton Shanmuga Building, II Floor, Purasawalkam, Chennai-600 007 and others


Company & Directors' Information:- SUNDARAM FINANCE LIMITED [Active] CIN = L65191TN1954PLC002429

Company & Directors' Information:- SUNDARAM FINANCE SERVICES LIMITED [Dissolved] CIN = U65191TN1990PLC019296

Company & Directors' Information:- D R GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101GJ2005PTC046010

Company & Directors' Information:- R. R. GARMENTS LIMITED [Active] CIN = U51900MH1995PLC095544

Company & Directors' Information:- S G GARMENTS LIMITED [Active] CIN = U18101WB2004PLC098193

Company & Directors' Information:- A R PLAZA PRIVATE LIMITED [Active] CIN = U45201DL2002PTC113870

Company & Directors' Information:- K K P GARMENTS PRIVATE LIMITED [Active] CIN = U65921TZ1994PTC005334

Company & Directors' Information:- A. S. PLAZA PRIVATE LIMITED. [Active] CIN = U70100WB2008PTC122079

Company & Directors' Information:- R S PLAZA PRIVATE LIMITED [Active] CIN = U70109WB1998PTC086927

Company & Directors' Information:- B K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC109850

Company & Directors' Information:- N K GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC107093

Company & Directors' Information:- K. D. GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2005PTC101896

Company & Directors' Information:- S J PLAZA PRIVATE LIMITED [Active] CIN = U70109WB1997PTC083153

Company & Directors' Information:- G AND A GARMENTS PVT LTD [Strike Off] CIN = U18101PB1995PTC016121

Company & Directors' Information:- V H GARMENTS PRIVATE LIMITED [Active] CIN = U52322MH2008PTC181066

Company & Directors' Information:- S. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL1996PTC083315

Company & Directors' Information:- K V M PLAZA PRIVATE LIMITED [Active] CIN = U70101KL1986PTC004612

Company & Directors' Information:- S V PLAZA PVT LTD [Active] CIN = U45201WB1993PTC060261

Company & Directors' Information:- CHENNAI GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U18101TN2005PTC058277

Company & Directors' Information:- G. M. GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2006PTC152683

Company & Directors' Information:- D AND D GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL1975PTC007923

Company & Directors' Information:- J S GARMENTS (INDIA) PRIVATE LIMITED [Active] CIN = U74900WB2009PTC135262

Company & Directors' Information:- K. B . GARMENTS PRIVATE LIMITED [Active] CIN = U18109WB2011PTC166954

Company & Directors' Information:- A K GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2015PTC282847

Company & Directors' Information:- D P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129479

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC143084

Company & Directors' Information:- P AND P GARMENTS PVT LTD [Under Process of Striking Off] CIN = U18101DL2005PTC143556

Company & Directors' Information:- V S GARMENTS PRIVATE LIMITED [Active] CIN = U18101HR2005PTC068124

Company & Directors' Information:- L. H. GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17121KA2011PTC060761

Company & Directors' Information:- K R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1998PTC087046

Company & Directors' Information:- T & A GARMENTS PVT LTD [Strike Off] CIN = U52321TN1993PTC025318

Company & Directors' Information:- P. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18204DL2007PTC164238

Company & Directors' Information:- S. A. GARMENTS PRIVATE LIMITED [Active] CIN = U17121DL2007PTC165007

Company & Directors' Information:- T S GARMENTS PRIVATE LIMITED [Active] CIN = U51494DL1996PTC076668

Company & Directors' Information:- GARMENTS INDIA PVT LTD [Strike Off] CIN = U51909GJ1979PTC003310

Company & Directors' Information:- I G S GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC128723

Company & Directors' Information:- PLAZA INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055773

Company & Directors' Information:- P S PLAZA PRIVATE LIMITED [Active] CIN = U45200WB2007PTC113368

Company & Directors' Information:- N K PLAZA PRIVATE LIMITED [Active] CIN = U45203WB2006PTC108313

Company & Directors' Information:- M. P. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164129

Company & Directors' Information:- K. S. GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC164404

Company & Directors' Information:- B G GARMENTS PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142488

Company & Directors' Information:- S P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2003PTC120709

Company & Directors' Information:- P N GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2004PTC127524

Company & Directors' Information:- V P GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18109DL2012PTC233293

Company & Directors' Information:- S T GARMENTS PRIVATE LIMITED [Active] CIN = U18109DL2015PTC277043

Company & Directors' Information:- P L GARMENTS PRIVATE LIMITED [Active] CIN = U17120DL2013PTC248417

Company & Directors' Information:- M. K. GARMENTS PRIVATE LIMITED [Active] CIN = U17291DL2007PTC164395

Company & Directors' Information:- R A GARMENTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U18101DL2003PTC123385

Company & Directors' Information:- P C GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC129478

Company & Directors' Information:- C S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC134787

Company & Directors' Information:- B L GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC136912

Company & Directors' Information:- B D S GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC137898

Company & Directors' Information:- T G GARMENTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC143392

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U18101DL2006PTC149330

Company & Directors' Information:- G P GARMENTS PRIVATE LIMITED [Active] CIN = U18101DL2007PTC161067

Company & Directors' Information:- I B GARMENTS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC257044

Company & Directors' Information:- P G PLAZA PRIVATE LIMITED [Active] CIN = U45201DL2003PTC119689

Company & Directors' Information:- G P S GARMENTS PRIVATE LIMITED. [Active] CIN = U74110DL2006PTC149330

Company & Directors' Information:- A G GARMENTS PRIVATE LIMITED [Active] CIN = U51300DL2013PTC257609

Company & Directors' Information:- V R V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2008PTC182256

Company & Directors' Information:- M V GARMENTS PRIVATE LIMITED [Strike Off] CIN = U74899HR2005PTC141797

Company & Directors' Information:- A AND R GARMENTS PRIVATE LIMITED [Strike Off] CIN = U17120HR2013PTC049037

Company & Directors' Information:- V K GARMENTS PRIVATE LTD [Strike Off] CIN = U18101DL1981PTC012410

Company & Directors' Information:- A S GARMENTS PRIVATE LIMITED [Active] CIN = U17212CH1992PTC012350

Company & Directors' Information:- V R GARMENTS PVT LTD [Strike Off] CIN = U18101CH1991PTC011345

Company & Directors' Information:- S B GARMENTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2005PTC141954

    Summary Suit No. 211 of 2000

    Decided On, 19 August 2005

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE F.M. IBRAHIM KALIFULLA

    Mr. M/s. Krishnan, Counsel for M/s. Sarvabhauman Associates, Advocates for Plaintiff. Mr. P.E.R. Nambiyar, Advocate for Defendant No. 2; Mr. Suresh Kumar, Advocate for Defendant No. 4; Mr. B.K. Sreenivasan, Advocate for Defendant Nos. 5 & 6; Mr. S. Sivasangarane, Advocate for Defendant No. 7; Ms. Sheela Venkatesh, Advocate for Defendant No. 8.



Judgment Text

1. This suit is posted before the Court for withdrawal. Mr. M.S. Krishnan, learned counsel appearing for the plaintiff prayed for a direction for refund of the half of the Court Fee inasmuch as the suit claim was settled out of Court.


2. Learned counsel for the plaintiff contended that irrespective of the interim decree granted in A. No. 1361 of 2000 in C.S. No. 211 of 2000 on 4.12.2000 inasmuch as Section 69 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 only postulates the situation where a decree is dismissed as settled out of Court before any evidence is recorded on the merits of the claim, it should be held that the plaintiff is entitled for refund of half of the Court fee. However, learned counsel was fair enough to place before the Court two decisions of this Court Paramasiva Mudaliar v. Krishnaveni Ammal, 1965 (1) MLJ 169 and Ratnasamy Nadar and Bros v. Subbuswami, AIR 1967 Mad. 180.


3. In the former case, Justice K.S. Venkataraman held that where the suit was laid for three different claims and while one of the claims came to be granted by way of an interim decree, since the other two claims remained pending to be adjudicated upon the suit and in the meantime, the plaintiff wanted to withdraw the suit as settled out of Court, though no refund could be ordered in respect of the claim for which an interim decree came to be granted, in respect of the other two reliefs, the plaintiff was entitled for refund of half of the Court Fee.


4. In the case on hand, the claims were not separable. Therefore, when in respect of the claim made in the suit, the plaintiff had the advantage of an interim decree and was able to realize part of the suit claim, even applying the ratio of the decision rendered in Paramasiva Mudaliar v. Krishnaveni Ammal, 1965 (1) MLJ 169 (cited supra), I am of the view that the present suit would be covered by the decision which was rendered in respect of the claim relating to the one covered by the interlocutory order for which, the learned Judge declined to order refund.


5. As far as the other decision, namely Ratnasamy Nadar and Bros v. Subbuswami, AIR 1967 Mad. 180 (Cited supra), that was a case where, considering the expression ?before any evidence has been recorded as regards the merits of the claim?, the learned Judge took the view that marking of the two Exhibits as A-1 and A-2 at the interlocutory stage would be sufficient to hold that the said circumstance would come within the above referred to set of expressions.


6. In the case on hand, reliance was placed on two of the documents at the interlocutory stage, but, no marking was given to those documents as is the practice in the Original Side of this Court, yet I am of the firm view that mere non-marking of those documents or the practice of not giving any specific identification to the documents by itself, cannot be taken to mean that those documents were not marked for the purpose of rendering a decision in the interlocutory application. So long as those documents were relied upon and were considered while granting the interim decree for payment of certain sum in the application, that should be equated to the situation that was considered by the learned Judge in the judgment reported in Ratnasamy Nadar and Bros v. Subbuswami, AIR 1967 Mad. 180 (cited supra)


7. Therefore, applying the above said ratio of the above referred to decisions, it will have to be held that in view of the interim decree granted in favour of the plaintiff in the interlocutory application, there is no scope for applying Section 69 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955, for ordering refund of half of the Court Fee.


8. Learned counsel for the plaintiff also contended that in a situation where, by virtue of Order 12, Rule 6 of the Civil Procedure Code, if a suit came to be decreed based on an admission contained in the written statement, could it be held that any evidence is recorded on merits in order to reject the claim for refund of Court fee under Section 69 of the Tamil Nadu Court Fees and Suits Va

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luation Act, 1955 ? 9. Inasmuch as such a situation has not arisen in this case, I do not wish to deal with the same on hypothetical basis. Therefore, as and when any such situation arises, that will have to be considered on its own merits. 10. Therefore, based on the facts available in this suit, I do not find any scope to grant an order refunding half of the Court fee as claimed. The suit is however dismissed as withdrawn.
O R







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