M/S.Skale Fitness Unlimited vs Mr.G.Balasubramani
2024 Latest Caselaw 19243 Mad

Madras High Court

M/S.Skale Fitness Unlimited vs Mr.G.Balasubramani on 3 October, 2024

Author: M.Sundar

Bench: M.Sundar

                                                                                Appeal(CAD)No.26 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 03.10.2024

                                                              CORAM

                                      THE HONOURABLE MR.JUSTICE M.SUNDAR
                                                               and
                                   THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN
                                                         THILAKAVADI


                                                 Appeal(CAD)No.26 of 2024
                                                            and
                                              C.M.P.Nos.14231 & 14233 of 2024
                                                             in
                                                 Appeal(CAD)No.26 of 2024

                     M/s.Skale Fitness Unlimited
                     Proprietor of M/s.P.S.Annapoorani
                     No.14/41, Jawahar Nagar, 1st Main Road
                     Chennai-600 082.                                            ... Appellant

                                                               Vs.
                     Mr.G.Balasubramani
                     S/o.Loganathan                                              .. Respondent

                                  Original Side Appeal filed under Section 13(1) of the Commercial
                     Courts Act, 2015, praying to set aside the judgment and decree dated
                     21.11.2023 in C.O.S.No.104 of 2023 passed by the Commercial Court,
                     Chennai.
                                       For Appellant      :     Mr.B.Bala Murugan


                     Page Nos.1/6


https://www.mhc.tn.gov.in/judis
                                                                                 Appeal(CAD)No.26 of 2024

                                                             *****

                                                       JUDGMENT

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

Mr.B.Bala Murugan, learned counsel on record for appellant submits

that the captioned appeal has been settled out of Court and he has

instructions from appellant to withdraw the captioned appeal. Saying so,

learned counsel has made endorsements in the case file and scanned

reproduction of the same are as follows:

Endorsement in Appeal(CAD)No.26 of 2024:

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

Endorsement in C.M.P.No.14231 of 2024:

Endorsement in C.M.P.No.14233 of 2024:

2. Learned counsel for appellant requests for refund of Court fee.

3. In the light of Sections 69 and 69-A of 'Tamil Nadu Court-Fees

and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)' (hereinafter

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

'TN Court Fees Act' for the sake of brevity) and judgment of Hon'ble

Supreme Court in M.C.Subramaniam's case {The High Court of

Judicature at Madras rep. By its Registrar General Vs. M.C.Subramaniam

and Others reported in (2021) 3 SCC 560} refund of Court fee as per the

obtaining procedure is ordered. Refund of Court fee shall be by way of an

instrument drawn in favour of appellant. Refund proceedings shall be

completed by Registry within six weeks from today i.e., by 14.11.2024

subject only to Statutory deductions, if any and learned counsel for appellant

adhering to all the procedural requirements.

4. Captioned Appeal and captioned Civil Miscellaneous Petitions are

disposed of as closed / withdrawn. There shall be no order as to costs.

                                                                      (M.S.,J.)         (K.G.T.,J.)
                                                                             03.10.2024

                     Index : Yes / No
                     Speaking / Non-speaking
                     Neutral Citation : Yes / No
                     mk



                     To

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

The Sub-Assistant Registrar Original Side High Court, Madras.

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

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,

mk

03.10.2024

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