M/S.A.R.Brothers vs Mr.Justice K.M.Natarajan
2023 Latest Caselaw 13295 Mad

                                                                      O.S.A.No.285 of 2013

                                   THE HIGH COURT OF JUD ICATURE AT MADRAS
                                                DATED: 27.09.2023
                                                     CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                               O.S.A.No.285 of 2013
                                                      and
                                                 M.P.No.1 of 2013


                     M/s.A.R.Brothers,
                     No.84 (New No.14),
                     Sydenhams Road, Chennai - 600 112.                    ...Appellant

                                                        Vs.

                     1.P.T.Lee Chengalvoraya Naicker Trust,
                       Represented by its Board of Trustees,
                       1.Mr.Justice K.M.Natarajan,
                       2.Mr.N.Athimoolam,
                       3.Mr.C.Jagannathan,
                       4.Mr.M.Bala Krishnan,
                       5.Mr.C.Ram Manohar Rao,
                       6.Mr.V.Ramarajan,
                       7.Dr.S.Jayachandran,
                       8.Mr.M.K.Sampath,
                       9.Mr.L.V.L.Madhavan,
                       All having their Office at No.2-3,
                       EVK Sampath Road, Vepery,
                       Chennai - 600 007.




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https://www.mhc.tn.gov.in/judis
                                                                                 O.S.A.No.285 of 2013



                     10.M/s.Aishma Customs Private Bonded Warehouse,
                       (All India Skin and Hide Tanners and
                       Merchans Association),
                       No.6, Maddox Road,
                       Choolai, Chennai - 600 112.

                     11.M/s.Ramnath and Company,
                        No.69-C, Maddox Road,
                        Choolai, Chennai - 600 112.

                     12.M/s.Lloyds Insulation (India) Ltd.,
                        No.28, Salai Street, Chennai - 600 112.                    ...Respondents
                      (R12 deleted - vide Order of Court
                       dt. 22.08.2017 made in OSA.No.285 of 2013)

                     Prayer: Original Side Appeal filed under Clause 15 of the Amended Letters
                     Patent of 1865 under Order XXXVI, Rule 1 of the Original Side Rules,
                     against the judgment and decree passed in C.S.No.416 of 1997 dated
                     13.06.2013.


                                  For Appellant     : Ms.V.Srimathi

                                  For Respondents   :Mr.E.Manoharan for R1
                                                     Mr.Zafarullah Khan for R10
                                                     R2 to R9 & R11 - No Apearance
                                                     R12 -Deleted vide Court order dt. 22.08.2017




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https://www.mhc.tn.gov.in/judis
                                                                                   O.S.A.No.285 of 2013



                                                     JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

This appeal is against a decree for delivery of possession and

damages. Pending appeal, the possession of the property has been handed

over to the 1st respondent Trust. The dispute was only with reference to

payment of damages. As regards damages, the parties have arrived at a

settlement for one time payment of Rs.18,00,000/ in full quit of the claims

of the Trust and the said Rs.18,00,000/- has also been paid by the appellant

to the Trust by way of cheques and the cheques have also been encashed.

Hence, nothing survives in the appeal. The compromise is recorded. This

Original Side Appeal is disposed of in terms of the compromise. The memo

of compromise shall form part of the decree. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                      (R.S.M.,J.)     (R.K.M.,J.)
                                                                               27.09.2023
                     kkn

                     Internet:Yes
                     Index:No
                     Non-speaking order
                     Nuetral Citation : No

https://www.mhc.tn.gov.in/judis O.S.A.No.285 of 2013

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN

O.S.A.No.285 of 2013 and M.P.No.1 of 2013

27.09.2023

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