Madras High Court
Sepc Limited vs M/S.Vp Petro6 Engineers And ... on 30 November, 2023
Author: D.Krishnakumar
Bench: D.Krishnakumar
Appeal(CAD) No. 1 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P. DHANABAL
Appeal(CAD) No. 1 of 2023
SEPC Limited
4th Floor, Bascon Futura SV I.T Park,
Venkatanrayana Road,
T.Nagar, Chennai – 600017
Rep. By its Deputy General Manager (Accounts) ..Appellant
Vs
M/s.VP Petro6 Engineers and Consultants Pvt. Ltd.,
Elnet Software City III Floor,
Module 34, T.s.No. 140
Rajiv Gandhi Salai, Tharamani,
chennai – 600113.
Rep by Director A.G.Ravindran. ..Respondent
Prayer: Appeal is filed under Order 41 Rule 5 of CPC to stay the operation
of the decree and judgment in C.O.S.No. 367 of 2022 dated 20.10.2022
passed by the Commercial Court, Egmore, Chennai pending disposal of the
above first appeal.
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Appeal(CAD) No. 1 of 2023
For Appellants : Mr. V.Suresh
For M/s. Shivakumar & Suresh
For Respondent : Mr R.Kannan
For Mr. S.V.Subramanian
JUDGMENT
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Aggrieved by the decree and judgment in C.O.S.No. 367 of 2022
dated 20.10.2022 passed by the Commercial Court, Egmore, Chennai, the
present appeal has been filed.
2. When the matter was taken up for hearing on 21.11.2023, the
learned counsels appearing for the parties concerned submitted before this
Court that issue has been amicably settled between the parties and sought
time to file a memo of settlement before this Court. At request of the learned
counsels, the matter is posted today.
3. Today, the learned counsel appearing for the parties concerned
submitted before this Court that they have amicably settled the dispute
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between them. The appellant has filed a memo of settlement dated
29.11.2023 before this Court to that effect. The relevant portion of the
settlement is extracted below;
“2.It is submitted that when the suit was earlier pending before the
Original Side of this Hon'ble Court, in terms of the directions given
by this Hon'ble Court in Appl. No. 6812 of 2017 in C.S.No. 802 of
2016 dated 22.03.2018, the appellant had deposited the entire
amount of Rs.10,30,000/- with the Registry of this Hon'ble Court on
26.06.2016. In view of the transfer of the above suit to the City Civil
Court, Chennai, the Registry has also transferred the deposited
amount with interest amounting to Rs.10,86,436/- to the Registry of
the City Civil Court in Chennai tot he credit of the O.S.No. 4116 of
2019 on the file of the I Addl. City Civil Court, Chennai and the
same was received on 16.12.2019. On verification it is confirmed
that the Registry of the City Civil Court, Chennai has failed to re-
deposit said received amount in an interest bearing fixed deposit
account as per Order dated 22.03.2018 by this Hon'ble Court when
the suit was earlier pending. At present only a sum of
Rs.10,86,436/- is lying in the Registry of City Civil Court, Chennai.
The suit was later transferred to the Commiercial Division of the
City Civil Court, Egmore, Chennai.
3. It is submitted that during January 2021, when the suit was
pending before the City Civil Court, Chennai the appellant had
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given a settlement proposal of Rs.16,00,000/- after deducting the
deposited amount. Now, the appellant is willing to pay the same
amount of Rs.16,00,000/- with interest at the rate of 12% p.a from
January 2021 to 20.12.2023 on the said amount as detailed below
Settlement amount Rs.16,00,000/-
Interest from January 2021 to Rs.5,56,800/-
20.12.2023 @ 12 % on
Rs.16,00,000/-
Total Rs.21,56,800/-
Less : Amount already deposited in Rs.10,86,436/-
the Court
Balance amount payable to the Rs.10,70,364/-
respondent
4. It is submitted that the appellant has no objection for withdrawing
the amount lying in the City Civil Court Registry to the credit of
O.S.No. 4116 of 2019 on the file of I Addl. City Civil Court, Chennai
by the Respondent. The said amount can be withdrawn towards part
settlement amount immediately by the Respondent and the balance
amount of Rs.10,70,364/- paid vide Cheque No. 440549 dated
20.12.2023 drawn on Punjab National Bank, Large Corporate Bank,
Chennai-600002 by the Appellant to the Respondent.
It is therefore prayed that this Hon'ble Court may be pleased
to take the above memo on record and thus render justice.”
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4. It is represented by the learned counsel for the appellant that in
view of the above settlement arrived at between the parties, the present
appeal may be disposed of by recording the aforesaid memo of settlement.
5. With regard to withdrawal of court fee, in light of the decision of
the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 3063 to
3064 of 2021, dated 17.02.2021 in the case of Registrar General, High
Court of Judicature, Madras Vs.M.C. Subramanian & Others, the
appellant herein is entitled for withdrawal of the the court fee paid by them.
The relevant portion is extracted below;
21. Thus, in our view, the High Court was correct in holding that
Section 89 of the CPC and Section 69-A of the 1955 Act be
interpreted liberally. In view of this broad purposive
construction, we affirm the High Court's conclusion, and hold
that Section 89 of CPC shall cover, and the benefit of Section 69-
A of the 1955 Act shall also extend to, all methods of out-of-court
dispute settlement between parties that the Court subsequently
finds to have been legally arrived at. This would, thus, cover the
present controversy, wherein a private settlement was arrived at,
and a memo to withdraw the appeal was filed before the High
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Court. In such a case as well, the appellant i.e,, Respondent
No.1 herein would be entitled to refund of court fee.”
6. Recording the aforesaid memo of settlement dated 29.11.2023, the
appeal is disposed of. The said memo of settlement shall form part and
parcel of the judgment. No costs.
7. In view of the above settlement, the respondent is permitted to
withdraw a sum of Rs 10,86,436/- lying in the credit of O.S.No. 4116 of
2019 on the file of I Additional City Civil Court, Chennai on filing
appropriate application.
(D.K.K., J.) (P.D.B., J.)
30.11.2023
Index: Yes / No
Internet: Yes
ak
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D.KRISHNAKUMAR, J.
AND
P. DHANABAL, J.
ak
30.11.2023
https://www.mhc.tn.gov.in/judis
