Shree Sidhart Indane Gas Service vs V.Seenivasan
2025 Latest Caselaw 5600 Mad

Madras High Court

Shree Sidhart Indane Gas Service vs V.Seenivasan on 2 April, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                              A.S.(MD)No.67 of 2017


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.04.2025

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                             THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

                                             A.S.(MD)No.67 of 2017
                                                     and
                                           C.M.P.(MD)No.4428 of 2018


                     Shree Sidhart Indane Gas Service,
                     Rep. by its Proprietrix,
                     A.Seethalakshmi                                                   ... Appellant

                                                              Vs.

                     1.V.Seenivasan

                     2.The City Union Bank,
                       Rep. through its Branch Mnager,
                       794, Mian Road,
                       Near Sathybama Theatre,
                       Kovilpatti,
                       Thoothukudi District.                                           ... Respondents

                     Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, to
                     set aside the judgment and decree dated 13.04.2017 passed in O.S.No.53
                     of 2015 on the file of the II Additional District Court, Thoothukudi.




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https://www.mhc.tn.gov.in/judis              ( Uploaded on: 09/04/2025 03:36:28 pm )
                                                                                            A.S.(MD)No.67 of 2017



                                  For Appellant     : Mr.Babu Raajendran

                                  For Respondents : Mr.V.V.Sathya,
                                                        For Mr.S.Vellaichamy for R1.
                                                    Mr.V.Sukumar for R2.



                                                          JUDGMENT

This appeal arises out of a money decree. The first respondent

herein filed O.S.No.53 of 2015 on the file of the II Additional District

Court, Thoothukudi for recovering a sum of Rs.49,18,640/- with interest

from the appellant herein. The suit was decreed on 13.04.2017 and the

appellant herein was directed to pay the plaintiff a sum of Rs.37,50,390/-

with interest at the rate of 12% per annum from 28.03.2014 till filing of

the suit and at the rate of 6% per annum from the date of plaint till the

date of realization.

3.When the matter was taken up for hearing on the last occasion,

we suggested to both the parties to amicably settle the issue.

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4.We are happy to record that the plaintiff as well as the first

defendant have entered into a compromise. A joint compromise memo

dated 02.04.2025 signed by the parties as well as their respective

counsels has been filed. The same shall form and part of the decree.

5.In this view of the matter, the impugned judgment and decree are

set aside. Since the parties have amicably settled the issue through

compromise, the appellant is entitled to refund of the court fee. The

Registry is directed to refund the court fee paid by the appellant to her at

the earliest. The appellant had deposited a sum of Rs.8,00,000/- to the

credit of O.S.No.53 of 2015 on the file of II Additional District Court,

Thoothukudi by way of complying with the condition imposed by this

Court when interim stay was granted in this appeal. The Court below

shall act on the uploaded web copy of this judgment and it shall not wait

for receipt of formal decree from this Court. The learned counsel for the

appellant states that the appellant will file cheque petition during this

week itself. It shall be allowed and the appellant shall be permitted to

withdraw the deposited amount by the end of April 2025.

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6.This appeal is disposed of in terms of the joint compromise

memo dated 02.04.2025. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                              (G.R.S. J.,) & (M.J.R. J.,)
                                                                                    02.04.2025
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias

                     To:

                     The II Additional District Court,
                     Thoothukudi.

                     Copy to:

                     The Section Officer,
                     ER/VR Section,
                     Madurai Bench of Madras High Court,
                     Madurai.









https://www.mhc.tn.gov.in/judis                      ( Uploaded on: 09/04/2025 03:36:28 pm )

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 03:36:28 pm )

G.R.SWAMINATHAN, J.

and M.JOTHIRAMAN, J.

ias

02.04.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 03:36:28 pm )