L.Thanachezhian vs S.Sundaram
2023 Latest Caselaw 1035 Mad

                                                                                   A.S.No.686 of 2014




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 25.01.2023

                                                         CORAM:

                                   THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                           AND
                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN


                                                     A.S.No.686 of 2014


                L.Thanachezhian                                                  ...Plaintiff/Appellant


                                                            -Vs-

                S.Sundaram                                                   ...Defendant/Respondent


                Prayer:- Appeal Suit filed under Section 96 r/w Order 41 Rule 1 of C.P.C.,
                against the judgment and decree dated 10.06.2014 made in O.S.No.102 of 2011
                passed by the learned Principal District Court, Villupuram.



                                   For Appellant                   : Mr.K.Govi Ganesan

                                   For Respondent                  : Mr.Ajoy Kumar Gnanam




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                                                                                 A.S.No.686 of 2014




                                                    JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.,]

The learned counsel appearing for the respondent filed a Memo dated

25.01.2023 indicating that the entire sum of Rs.20,00,000/- with 6% interest per

annum was paid as per the direction of this Court by order dated 02.01.2023.

Two demand drafts [a sum of Rs.20,00,000/- dated 31.12.2022 and a sum of

Rs.13,70,000/- dated 24.01.2023] were handed over to the learned counsel

appearing for the appellant and the learned counsel appearing for the appellant

has acknowledged the receipt of the same.

2.The learned counsel appearing for the appellant submitted that a sum of

Rs.10,00,000/- was deposited by the appellant before the Lower Court, which is

lying to the credit of the proceedings and the appellant should be permitted to

withdraw the same.

3.The learned counsel appearing for the respondent has no objection for

withdrawal of the amount by the appellant.

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A.S.No.686 of 2014

4.Accordingly, the appellant is permitted to withdraw the amount within

two weeks from the date of filing of an appropriate application for withdrawal of

the amount.

5.In view of the payment and the submission made by the learned counsels

appearing on either side, the appeal is liable to be dismissed as settled out of

Court. However, the appellant is permitted to withdraw the amount which is

lying to the credit of the suit in O.S.No.102 of 2011. No costs.

                                                                             [SSSRJ]    [AANJ]
                                                                                  25.01.2023
                cda

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

A.S.No.686 of 2014

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J.,

cda

To

1.The Principal District Court, Villupuram.

2.The Section Officer, VR Records, High Court, Chennai.

A.S.No.686 of 2014

25.01.2023

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