Madras High Court
Bharathi Co-Operative Spinning ... vs M/S.Manavat Traders on 20 January, 2021
A.S.(MD)No.60 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)No.60 of 2015
in M.P.(MD)No.1 of 2015
and A.S(MD)Nos.300 and 314 of 2008
and M.P.(MD)Nos.1 and 1 of 2008
Bharathi Co-operative Spinning Mils Limited
Rep. By its Administrator ... Appellant in
A.S.(MD)No.60/2015
Vs.
M/s.Manavat Traders
Rep. By its Manager cum Power of attorney
A.N.Ayyappan ... Respondent in
A.S.(MD)No.60/2015
M/s.Shri Selvalakshmi Cotton Corporation
Rep. By its Partner A.N.Ayyapan ... Respondent in
A.S.(MD)No.300/2008
M/s.Shri Ragavendra Traders
Rep. By its Partner R.M.Muthu ... Respondent in
A.S.(MD)No.314/2008
COMMON PRAYER: Appeal Suits filed under Section 96 of Civil Procedure
Code, against the judgment and decree dated 05.01.2008 made in O.S.Nos.42, 49
and 48 of 2005 respectively on the file of the Additional District Court / Fast
Track Court No.2, Tuticorin.
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A.S.(MD)No.60 of 2015
For Appellant : Ms.K.Hemakarthikeyan
(In all .A.Ss)
For Respondent : Mr.P.Thiagarajan
(In all A.Ss)
COMMON JUDGMENT
These Appeal Suits have been filed against the judgment and decree
dated 05.01.2008 made in O.S.Nos.42, 49 and 48 of 2005, respectively on the file
of the Additional District Court / Fast Track Court No.2, Tuticorin.
2. It is represented by both sides that the parties have settled their
disputes among themselves and they have entered into a “Compromise Memo”,
dated 19.01.2021, which has been duly signed by both the parties and their
respective counsel. A copy of the same has also been placed before this Court.
3. Recording the same, these Appeal suits are disposed of in terms of the
Compromise Memo, dated 19.01.2021 entered into between the parties and the
said Joint Compromise Memo, dated 19.01.2021, shall form part of this Judgment.
No costs. Consequently, connected miscellaneous petitions are also closed.
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A.S.(MD)No.60 of 2015
4. It is represented by the learned counsel appearing for the appellant
that this Court, on 07.11.2008, while granting stay in A.S.(MD)No.300 of 2008,
directed the appellant to deposit 25% of the decree amount before the trial Court
and accordingly, the appellant herein had deposited a sum of Rs.2,60,518/- (Two
Lakhs Sixty Thousand Five Hundred and Eighteen only) before the trial Court.
Hence, the appellant may be permitted to withdraw the said amount.
5. In view of the submissions, the appellant is permitted to withdraw the
amount, which is lying in the deposit to the credit of O.S.No.49 of 2005. The
Registry is directed to refund the Court fee, as per law, since the matter is settled
out of Court.
vsm 20.01.2021
Index : Yes/No
Internet : Yes/No
Note: In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.TheAdditional District Court / Fast Track Court No.2, Tuticorin.
2.The Section Officer, Vernacular Records,
Madurai Bench of Madras High Court, Madurai.
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A.S.(MD)No.60 of 2015
N.SATHISH KUMAR, J.
vsm
A.S.(MD)No.60 of 2015
in M.P.(MD)No.1 of 2015
and A.S(MD)Nos.300 and 314 of 2008
and M.P.(MD)Nos.1 and 1 of 2008
20.01.2021
http://www.judis.nic.in
