JUDGMENT

Mr.P.V.Balasubramaniam, learned counsel of M/s.BFS Legal [Law Firm] on behalf of plaintiff and Mr.J.Srinivasa Mohan, learned counsel on record for defendants 1 and 2 and Mr.M.Arun, learned counsel on record for third defendant are before this Commercial Division.

2. There is an interlocutory application in O.A.No.1192 of 2018 and respondents 1 and 2 therein, who are defendants 1 and 2 respectively in this suit have filed a common counter affidavit dated 30.01.2019. With regard to third defendant their stated position is contained in plaint document No.36, dated 25.09.2018.

3. To be noted, the stated position of defendants 1 and 2 also has been articulated in the aforesaid counter affidavit.

4. Considering the narrow scope of the entire lis and the prayer, all the three learned counsel before me submitted and consented for disposal of main suit itself by exercise of powers of this Commercial Division to pass a summary judgment being powers under Order XIII-A of amended 'The Code of Civil Procedure, 1908' ('CPC' for brevity) as amended by 'The Commercial Courts Act, 2015' ('said Act' for brevity).

5. To be noted, the grounds on which a summary judgment can be passed are adumbrate