Chennai Metropolitan Water ... vs M/S.Tecton Engineering And ...
2023 Latest Caselaw 13834 Mad

                                                                                 O.S.A.(CAD)No.15 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 12.10.2023

                                                          CORAM:

                                  THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
                                                    AND
                                    THE HONOURABLE MR. JUSTICE P.DHANABAL

                                                   O.S.A(CAD)No.15 of 2013
                                                   and CMP.No.4653 of 2023

                 Chennai Metropolitan Water Supply and Sewerage Board,
                 No.1, Pumping Station Road,
                 Chintadripet, Chennai-600 002.
                 Now at No.75, Santhome High Road,
                 MRC Nagar, Chennai-600 028.                ... Appellant / Petitioner

                                                              Vs.

                 M/s.Tecton Engineering and Constructions LLC,
                 New No.808, G.R.Complex,
                 II Floor, Nandanam, Chennai-600 035.      ..  Respondent

                 PRAYER: Original Side Appeal filed under Section 13(1A) of the Commercial
                 Courts Act, 2015 r/w. Order XXXVI Rule 1 of Original Side Rules r/w. Section
                 37 (1)(c) of the Arbitration and Conciliation Act, 1996.

                                  For Appellant      : Mr.Gautam S.Raman

                                  For Respondent     : Mr.Amalaraj S.Penikilapatti




                                                               1

https://www.mhc.tn.gov.in/judis
                                                                               O.S.A.(CAD)No.15 of 2023


                                                    JUDGMENT

[Judgment of the Court was made by D.KRISHNAKUMAR, J.] The learned counsel for the appellant submitted that the matter has been

settled before the Mediator and the parties have complied with their obligation as

per the agreement and in the light of the above, seeks for withdrawal of this

appeal and for refund of the Court Fee as per Section 69-A of the Tamil Nadu

Court Fees and Suit Valuation Act 1955. He also made an endorsement to that

effect.

2. The Hon'ble Supreme Court in the decision in The High Court of

Judicature at Madras, Rep. by its Registrar General v. M.C.Subramaniam &

Ors. [SLP Civil Nos.3063-3064 of 2021] has held as under:

"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 69A 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

https://www.mhc.tn.gov.in/judis O.S.A.(CAD)No.15 of 2023

settlement was arrived at, and a memo to withdraw the appeal was filed before the High Court. In such a case well, the appellant, i.e., Respondent No.1 herein would be entitled to refund of court fee."

3. In the light of the submission and endorsement made by the learned

counsel for the appellant, this original side appeal stands dismissed as withdrawn.

The appellant is entitled for refund of Court fee in the light of the aforesaid

decision of the Hon'ble Supreme Court. No costs. Consequently, connected

miscellaneous petition is dismissed.

                                                                            (D.K.K., J.) (P.D.B., J.)
                                                                                  12.10.2023
                 Intex            : Yes/No
                 Internet         : Yes/No
                 Jvm




                                                                            D.KRISHNAKUMAR, J.
                                                                                          and



https://www.mhc.tn.gov.in/judis
                                        O.S.A.(CAD)No.15 of 2023

                                            P.DHANABAL, J.

                                                           Jvm




                                      OSA (CAD)No.15 of 2023




                                                    12.10.2023






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