M/S. Cholamandalam Ms General ... vs Unknown
2022 Latest Caselaw 11342 Mad

                                                                            O.S.A.No.56 of 2019

                                  N THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 28.06.2022

                                                    CORAM :

                                   THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                    AND
                                   THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                               O.S.A.No.56 of 2019
                                            and C.M.P. No.5483 of 2019

                     1. M/s. Cholamandalam MS General Insurance Co. Ltd.,
                        Rep. By its Regional manager,
                        Rashmi Towers, II Floor,
                       No.1, Village Road, Nungambakkam,
                        Chennai – 600 034.

                     2. M/s. Cholamandalam MS General Insurance Co. Ltd.,
                        Rep. By its Vice President and HOC-Claims,
                        II Floor, Dare House,
                        No.2, NSC Bose Road,
                        Chennai – 600 001.                                   .. Appellants

                                                        v.
                     M/s. OPG Energy(P) Ltd.,
                     Rep. By its General Manager,
                     No.167, St. Marrys Road,
                     Alwarpet, Chennai – 600 018.
                      ( cause title amended vide order of court
                        dated 28.06.2022 in view of the Memo dated
                        27.6.2022 in O.S.A.No.56/2019)
                                                                              .. Respondent




https://www.mhc.tn.gov.in/judis
                                                                                       O.S.A.No.56 of 2019

                     Original Side Appeal filed under Clause 15 of Letters Patent and Order
                     36 Rule 11 of Original Side Rules to set aside the judgment and decree
                     dated 11.08.2018 in C.S.No.719 of 2013.
                                        For Appellants       : Mr. N. Vijayaraghavan
                                        For Respondent   :     Mr. Rahul Balaji

                                                         JUDGMENT

(Judgment was delivered by M. DURAISWAMY, J.) When the Original Side Appeal is taken up for hearing,

Mr.N.Vijayaraghavan, learned counsel appearing for the appellants and

Mr.Rahul Balaji, learned counsel appearing for the respondent submitted

that the parties had settled the matter out of court and also entered into a

joint memorandum of compromise dated 27.06.2022, which has been

signed by the appellants and the respondent as well as their respective

counsels. The learned counsel for the appellants and the respondent also

produced a joint memorandum of compromise dated 27.06.2022

executed by the parties.

2. The learned counsel on either side submitted that the Original

Side Appeal may be disposed of in terms of the memorandum of

compromise dated 27.06.2022.

https://www.mhc.tn.gov.in/judis O.S.A.No.56 of 2019

3. In view of the compromise entered into between the parties,

Mr.N.Vijayaraghavan, learned counsel for the appellants submitted that

in addition to the amount to be withdrawn from the Registry, the

appellants would pay a sum of Rs.50,00,000/- [Rupees fifty lakhs only]

directly to the account of the respondent-plaintiff. The submission made

by the learned counsel for the appellants is recorded.

4. Accordingly, the Original Side Appeal is disposed of in terms

of the memorandum of compromise dated 27.06.2022. The joint

memorandum of compromise dated 27.06.2022 shall form part of the

decree in O.S.A.No.56 of 2019. In view of the compromise entered into

between the parties, the Registry is directed to refund the amount

mentioned in Paragraph No.8. No costs. Consequently, the connected

Miscellaneous Petition is closed.

                                                                         [M.D., J.]   [S.M., J.]
                                                                             28.06.2022

                     Index              : Yes/No
                     Speaking Order/Non Speaking Order
                     Rj

https://www.mhc.tn.gov.in/judis O.S.A.No.56 of 2019

M. DURAISWAMY, J.

and SUNDER MOHAN, J.

Rj

O.S.A.No.56 of 2019 and C.M.P. No.5483 of 2019

28.06.2022

https://www.mhc.tn.gov.in/judis