A NO. 1371 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025 CORAM THE HONOURABLE MR JUSTICE C. SARAVANAN A NO. 1371 of 2025 AND CS NO. 257 OF 2013,CS NO. 1 OF 2020 Subhash Chand Jain Flat No.401, Jinalay Apts. No.20, North Street, Vekatesapuram Colony, Ayanavaram, Ch-23 Applicant(s) Vs M/s.Hallmark Golden Country Ltd. Represented by its Director Mr.Anand Jain, Hallmark Golden Country Ltd, Having its Office at New No.43, Old No.62/2, United Plaza, Usman Road, T.Nagar, Chennai 600 017. Respondent(s) CS NO. 257 of 2013 Mr.Subhash Chand Jain Son Of Nemichand Jain, Flat No.401, Jinalay Apartments, 4th Floor, Door No.20, North St, Vekatesa Puram Colony, Ayanavaram, Chennai 23 Plaintiff(s) Vs M/s. Hallmark Infrastructure Pvt.Ltd Rep.By Its Managing Director Mr.Anand Jain, Hall Mark Infrastructure P.Ltd Office No.43, Old No.62/2, United Plaza https://www.mhc.tn.gov.in/judis T.Nagar, Chennai 17 Defendant(s) CS NO. 1 of 2020 Subhash Chand Jain Flat No.401, Jinalay Apts. No.20, North Street, Vekatesapuram Colony, Ayanavaram, Ch-23 Plaintiff(s) Vs M/s.Hallmark Golden Country Ltd. Rep.by its Director Anand Jain, Hallmark Golden Country Ltd. N.No.43, United Plaza, Usman Rd. T.Nagar, Ch-17 Defendant(s) A NO. 1371 of 2025 For Applicant(s): M/s.M.V.Seshachari C.Harini For Respondent(s): CS NO. 257 of 2013 For Plaintiff(s): M/s.Rahul BalajiMadhan BabuFor Deft. - D.No.18854/13S0le Deft. - W/s FiledIssues Framed On 05/10/2020 For Defendant(s): CS NO. 1 of 2020 For Plaintiff(s): M/s.Rahul BalajiMadhan BabuFor Deft.S0le Deft. - W/s FiledIssues Framed On 07.04.2016 For Defendant(s): ORDER https://www.mhc.tn.gov.in/judis This Application is filed to amend the prayer in the plaint for alternate relief of refund of Rs.13, 50,000/-. The suit has been filed by the applicant/plaintiff for specific performance. 2. The learned counsel for the respondent/defendant has filed a formal counter and therefore submits that this application is filed belatedly after the defendant's witness was to be cross examined after the chief examination of the defendant's witness was over. He further submits that this application is filed belatedly and therefore time barred. 3. That apart, the learned counsel for the respondent/defendant would submit that in case, Court is inclined to allow this application, the respondent/defendant is given liberty to file additional written statement in the light of the amendment to the suit prayer. 4. Having considered the arguments advanced by the learned counsel for the applicant/plaintiff and the learned counsel for the respondent/defendant. 5. The objection is technical in nature. In any event, this Court is empowered to grant refund under the provisions of the Specific Relief Act. Therefore, there cannot be any impediment in allowing this application. Accordingly, this Application stands allowed. https://www.mhc.tn.gov.in/judis 6. In view of the above, the applicant/plaintiff is directed to carry out the necessary corrections and to file amended copy of the plaint, during first week of June, 2025. The applicant shall pay the Court fee along with the amended copy of the plaint within such time. 7. The case is directed to be listed before the learned Additional Master – IV on 09.06.2025 for continuation of Trial. 29-04-2025 (½) jas A NO. 1371 of 2025 To 1. M/s.Hallmark Golden Country Ltd. Represented by its Director Mr.Anand Jain, Hallmark Golden Country Ltd, Having its Office at New No.43, Old No.62/2, United Plaza, Usman Road, T.Nagar, Chennai 600 017. CS NO. 257 of 2013 1. M/s. Hallmark Infrastructure Pvt.Ltd Rep.By Its Managing Director Mr.Anand Jain, Hall Mark Infrastructure P.Ltd Office No.43, Old No.62/2, United Plaza T.Nagar, Chennai 17 https://www.mhc.tn.gov.in/judis CS NO. 1 of 2020 1. M/s.Hallmark Golden Country Ltd. Rep.by its Director Anand Jain, Hallmark Golden Country Ltd. N.No.43, United Plaza, Usman Rd. T.Nagar, Ch-17 https://www.mhc.tn.gov.in/judis