Madras High Court
M/S.Abco Leathers International ... vs M/S.Classy Leather Company on 28 October, 2022
C.S(Comm. Div.)No.93 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S(Comm. Div.)No.93 of 2021
and
A.No.4219 of 2021
in
C.S(Comm. Div.)No.93 of 2021
M/s.ABCO Leathers International Pvt. Ltd.,
Rep. by its Aurhotized Representative
Mr.K.Syed Mohammed Bilal
No.702/2, M.B.T. Road Cross
Ranipet - 632 401. .. Plaintiff
Vs.
1. M/s.Classy Leather Company
Represented by its Partner
No.36, Covelong Muhu Street
Periamet, Chennai-600 003.
2. Mr.Timiri Mohammed Haneef
Partner
M/s.Classy Leather Company
No.36, Covelong Muhu Street
Periamet, Chennai-600 003.
3. Mr.Timiri Mohammed Asif
Partner
M/s.Classy Leather Company
No.36, Covelong Muhu Street
Page Nos.1/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Periamet, Chennai-600 003.
4. Mr.Timiri Mohammed Haneef Mohameed Ibrahim
Partner
M/s.Classy Leather Company
No.36, Covelong Muhu Street
Periamet, Chennai-600 003. .. Defendants
This Civil Suit is preferred, under Section 7 of Commercial Courts
Act, 2015, Order IV Rule 1 of Original Side Rules read with Order VII,
Rule 1 of Civil Procedure Code, praying
(a) Directing all the defendants to pay to the plaintiff to a sum of
Rs.1,14,01,946/- from the date of the plaint and future interest @ 24% per
annum till the date of realization;
(b) Directing the defendant to pay the cost of this suit to the
plaintiff;
For Plaintiff : Mr.R.Abhinandan
For Defendants : Mr.A.Palaniappan
JUDGMENT
Captioned suit and captioned application have been listed under the
cause list caption 'FOR RECORDING MEMO OF COMPROMISE'.
2. This judgment / decree and order will dispose of the captioned
suit and application.
3. In this judgment, parties shall be referred to by their respective
Page Nos.2/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
ranks in the main suit for the sake of convenience and clarity.
4. Mr.R.Abhinandan, learned counsel on record for sole plaintiff
and Mr.A.Palaniappan, learned counsel on record for all four defendants
are before this Commercial Division.
5. Hon'ble predecessor Judge in and by proceedings made in the
previous listing on 27.06.2022 had referred the captioned matter to 'Tamil
Nadu Mediation and Conciliation Centre under the aegis of this Court'
[hereinafter 'TNMCC' for the sake of brevity] and the same reads as
follows:
'Both parties state that efforts are being made for a
revised settlement by re-visiting the schedule of payments. It
is also requested that the matter be posted before the
Mediation Centre annexed to this Court for such purpose.
List the matter before the Mediation Centre. Since this is the
second round of Mediation, the same Mediator may be
requested to take up the Mediation.
2. List the matter before this Court upon receipt of the
report from the Mediation Centre.'
6. Pursuant to the aforementioned proceedings made by Hon'ble
predecessor Judge, TNMCC has conducted mediation and sent a
mediation report dated 29.09.2022. The mediation report and enclosed
'memorandum of compromise dated 29.09.2022' [hereinafter 'said MOC'
Page Nos.3/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
for the sake of convenience and clarity] together with docket and letter
dated 20.10.2022 under cover of which the same has been sent to this
Commercial Division are as follows:
Page Nos.4/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.5/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.6/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.7/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.8/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.9/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
Page Nos.10/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
7. Adverting to said MOC, learned counsel on both sides request for
dispensing with the presence of parties before this Commercial Division
for recording memo of compromise. Considering the facts and
circumstances of the case and taking into account the fact that said MOC
has been signed in the presence of each other before TNMCC, this request
is acceded to.
8. Aforementioned two learned counsel request for a compromise
decree in terms of said MOC. Request acceded to.
9. Captioned main suit decreed in terms of said MOC which shall
form part of judgment / decree. Captioned application disposed of as
closed / unnecessary. There shall be no order as to costs.
28.10.2022
Index : Yes/No
Speaking/Non-speaking order
mk
Page Nos.11/12
https://www.mhc.tn.gov.in/judis
C.S(Comm. Div.)No.93 of 2021
M.SUNDAR, J.
mk
C.S(Comm. Div.)No.93 of 2021
and
A.No.4219 of 2021
in
C.S(Comm. Div.)No.93 of 2021
28.10.2022
Page Nos.12/12
https://www.mhc.tn.gov.in/judis
