IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 01.09.2021 Orders Pronounced on : 13.09.2021 Coram:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Application No.1012 of 2021 and Application No.2166 of 2021 in Civil Suit No.93 of 2021

1. Mr.P.S.Mohan, S/o Late P.N.Shanmugham

2. Mr.P.S.Saravanan, S/o Late P.N.Shanmugahm

3. Mr.N.Muthukrishnan, S/o Late Mr.M.Natarajan

4. Ms.Uma Natarajan, D/o Late Mr.M.Natarajan

5. Mr.N.Balamutukumaran, S/o Late Mr.M.Natarajan .. Applicants in Appln.No.1012 of 2021/plaintiffs in C.S.No.93 of 2021 Vs.

M/s.Vectone India Mobile Services Private Limited, Having its Registered Office at "Sai Sadan", T.S.No.125 (North Phase)

SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032, Rep. by its Managing Director .. Respondent in Appln.No.1012 of 2021 / defendant in C.S.No.93 of 2021 Judge's Summons under Order XIV Rule 8 of the Original Side (O.S)

Rules of this Court, read with Order XXXVIII Rule 5 of the Civil Procedure Code (CPC) and Application No.1012 of 2021 is filed to direct the respondent to furnish security for a sum of Rs.1,31,25,396/-, either by a Bank Guarantee or any immovable property for a value of a suit claim within a time that may be fixed by this Court that may be sufficient to satisfy the ensuring decree, failing which, pass an order of attachment before judgment, of the moveable assets belonging to the respondent- Company, as detailed in the Schedule of Property, lying in their office situated at "Sai Sadhan" (2nd Floor) T.S.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032, pending disposal of the main suit.

Schedule of property The list of items:

1. UPS Units (Uninterrupted Power Supply) - 120 Nos.

2. Server and Switches for Server Rack

3. Telephone Systems

4. Access Control

5. Laptops - 120 Nos.

6. C.C.T.Vs. - 283 Nos.

7. Televisions - 150 Nos.

8. Projectors - 60 Nos.

lying in their office situated at "Sai Sadhan" (2nd Floor), T.S.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032.

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M/s.Vectone India Mobile Services Private Limited, Having its Registered Office at "Sai Sadan", T.S.No.125 (North Phase)

SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai-600 032, Rep. by its Managing Director .. Applicant in Appln.No.2166 of 2021/defendant in C.S.No.93 of 2021 Vs.

1. Mr.P.S.Mohan, S/o Late P.N.Shanmugham

2. Mr.P.S.Saravanan, S/o Late P.N.Shanmugahm

3. Mr.N.Muthukrishnan, S/o Late Mr.M.Natarajan

4. Ms.Uma Natarajan, D/o Late Mr.M.Natarajan

5. Mr.N.Balamutukumaran, S/o Late Mr.M.Natarajan .. Respondents in Appln.No.2166 of 2021 / plaintiffs in C.S.No.93 of 2021 Judge's Summons under Order XIV Rule 8 of the Original Side Rules of this Court, read with Sections 17 and 49 of the Registration Act, 1908, Section 33 of the Stamp Act, 1899, read with Order 13 Rule 8 and Section 151 of the CPC, 1908, and Application No.2166 of 2021 filed praying to order that the lease deed, dated 12.07.2018 is inadmissible as evidence and further impound the same.

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For applicants in A.No.1012 of 2021 and respondents in A.No.2166 of 2021: Mr.Rathina Asohan For respondent in A.No.1012 of 2021 and applicant in A.No.2166 of 2021: Mr.Bharadwajaramasubramaniam ======================================================

ORDER The applicants in A.No.1012 of 2021 are the plaintiffs in the suit in C.S.No.93 of 2021 and the respondent is the defendant in the suit.

2. The suit has been filed for the following prayers:

(a) to direct the defendant to pay to the plaintiffs a sum of Rs.1,31,25,396/- together with interest @ 18% per annum on Rs.1,20,33,481/- from the date of filing the suit till the date of realisation in full, and (b) to pay the costs of the suit to the plaintiffs.

3. The facts and circumstances which gave rise to the filing of the suit and the applications are stated hereunder.

4. The case of the applicants/plaintiffs is that they are th