)M/S.Apten Forgings Pvt. Ltd vs M/S.Genshipping Pacific Line Pte
2022 Latest Caselaw 8533 Mad

                                                                               O.S.A.No.5 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 22.04.2022

                                                     CORAM :

                                   THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                    AND
                                  THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                O.S.A.No.5 of 2019

                   1)M/s.Apten Forgings Pvt. Ltd.,
                     rep by Subrogee/Power Agent
                     M/s.United India Insurance Co. Ltd.,
                     Registered Office at No.308, Raheja Arcade,
                     Koramangala, Bangalore – 560 095.

                   2.M/s.United India Insurance Co. Ltd.,
                     Registered Office at
                     No.24, Whites Road,
                     Chennai – 600 014.                                       .. Appellants
                                                      Vs.

                   M/s.Genshipping Pacific Line Pte, Ltd., Singapore,
                   represented by Local Steamer Agent
                   M/s.A.S.Shipping Agencies Pvt. Ltd.,
                   No.7, Temasek Boulebard,
                   No.-06-05, Sun Tec Tower One,
                   Singapore – 038 987                                        .. Respondent

                             Appeal filed under Order XXXVI Rule 1 of the Original Side Rules
                   read with Clause 15 of the Letters Patent against the judgment and decree
                   dated 01.09.2016 made in C.S.No.128 of 2002.



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                                                                                  O.S.A.No.5 of 2019

                             For Appellants       : Mr.N.Venkataraman
                                                    for M/s.Nageswaran
                             For Respondent       : Mr.P.Giridharan


                                                  JUDGMENT

(JUDGMENT WAS MADE BY M.DURAISWAMY, J.)

When the appeal is taken up for hearing, the learned counsel on

either side submitted that the 2nd appellant and the respondent have settled

the matter and also entered into a joint memorandum of compromise dated

23.03.2022, hence, the appeal may be disposed of in terms of the said

compromise memo.

2.The learned counsel appearing for the appellants further submitted

that in view of Clause-4 of the joint memorandum of compromise, the

Registry may be directed to refund the Court fee to the 2nd appellant and

that the cheque may be handed over to the learned counsel appearing for the

2nd appellant so that he can pass on the cheque to the 2nd appellant –

Insurance Company.

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3.In view of the submissions made by the learned counsel on either

side, the above Original Side Appeal is disposed of in terms of the

compromise memo dated 23.03.2022. Since the matter has been settled

before the Mediation, the Registry is directed to refund the Court fee to the

2nd appellant. The Registry is also directed to hand over the cheque in

respect of the Court fee to the learned counsel for the 2nd appellant in the

above appeal. The terms of compromise shall form part of the decree in the

above Original Side Appeal. No costs.

                   Index          : Yes/No                       [M.D., J.] [T.V.T.S., J.]
                   va                                                    22.04.2022




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https://www.mhc.tn.gov.in/judis O.S.A.No.5 of 2019

M.DURAISWAMY, J.

and T.V.THAMILSELVI, J.

va

O.S.A.No.5 of 2019

22.04.2022

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