M/S.K.K.Rice Mill vs M/S.Akshaya Agro Informatics Llp ...
2024 Latest Caselaw 19065 Mad

Madras High Court

M/S.K.K.Rice Mill vs M/S.Akshaya Agro Informatics Llp ... on 27 September, 2024

Author: M.Sundar

Bench: M.Sundar

                                                                                    O.S.A.No.301 of 2021

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 27.09.2024

                                                          CORAM

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


                                                   O.S.A.No.301 of 2021
                                                           and
                                             C.M.P.Nos.20930 and 17084 of 2021
                                                            in
                                                   O.S.A.No.301 of 2021

                     M/s.K.K.Rice Mill
                     Represented by its Proprietor
                     K.Karthikeyan                                               ... Appellant

                                                      Vs.
                     M/s.Akshaya Agro Informatics LLP Company
                     60/3, L.D.G.Road, Little Mount
                     Chennai-600 015.                                            .. Respondent

                      (Respondent company name amended vide
                     order of this Court dated 20.06.2024 in
                     C.M.P.No.11019 of 2024 in O.S.A.No.301 of 2021)

                                  Original Side Appeal filed under Order XXXVI Rule 1 of Original
                     Side Rules read with Clause 15 of the Letters Patent Act, praying to set aside


                     Page Nos.1/6


https://www.mhc.tn.gov.in/judis
                                                                                     O.S.A.No.301 of 2021

                     the judgment and decree dated 27.02.2020 passed in C.S.No.805 of 2009 on
                     the file of this Hon'ble High Court, Madras.
                                  For Appellant     :     Mr.J.Antony Jesus
                                  For Respondent    :     Mr.R.Saravana Kumar

                                                             *****

                                                        JUDGMENT

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

Captioned 'Original Side Appeal' {hereinafter 'OSA' for the sake of

brevity, convenience and clarity} and captioned 'Civil Miscellaneous

Petitions' {hereinafter 'CMPs' for the sake of brevity, convenience and

clarity} are listed under the cause list caption 'MEDIATION SETTLED

CASES'.

2. Captioned OSA was referred to Mediation by this Bench on

11.07.2024, the matter has since been settled in mediation (pursuant to our

referral) and a scanned reproduction of Mediation Report dated 12.09.2024

is as follows:

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3. In the light of Circular bearing reference ROC.No.111/2006-

CON.ESTT.I dated 26.09.2016, which provides for the matter to be listed

before the same Bench which made the referral, captioned matter is listed

before us.

4. Today, Mr.J.Antony Jesus, learned counsel on record for sole

appellant and Mr.R.Saravana Kumar, learned counsel on record for lone

respondent are before us.

5. Both learned counsel submitted that the captioned matter has been

settled in mediation and sought leave of this Court to withdraw the

captioned OSA and CMPs thereat as settled in mediation. Learned counsel

for appellant sought refund of Court fee by adverting to Section 69-A of

'Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV

of 1955)' (hereinafter 'TN Court Fees Act' for the sake of brevity).

6. Both learned counsel made a joint endorsement in the case file and

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

a scanned reproduction of the same is as follows:

7. In the light of the narrative thus far, captioned OSA and captioned

CMPs thereat are disposed of as closed having been settled in mediation. In

the light of Section 69-A of TN Court Fees Act, Registry to process the

refund of Court fee and ensure that refund is made by way of an instrument

drawn in favour of appellant as expeditiously as the business of Registry

would permit but in any event within six weeks from today i.e., by

08.11.2024. Refund is subject only to statutory deductions, if any and it is

obviously subject to learned counsel for appellant complying with

procedural requirements.

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

mk

8. Captioned OSA and captioned CMPs are disposed of in the

aforesaid manner i.e., disposed of as closed as settled in Mediation. There

shall be no order as to costs.

                                                                 (M.S.,J.)         (K.G.T.,J.)
                                                                        27.09.2024

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

                     mk


                     To

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









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