M/S.Shakthi Scanners Pvt. Ltd vs Mr.Anil Kumar
2025 Latest Caselaw 8958 Mad

Madras High Court

M/S.Shakthi Scanners Pvt. Ltd vs Mr.Anil Kumar on 26 November, 2025

Author: G. Jayachandran

Bench: G. Jayachandran

                                                                                          APPEAL (CAD) No.8 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 26.11.2025

                                                              CORAM

                                  THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN
                                                      and
                       THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
                                              APPEAL (CAD) No.8 of 2025
                                                        and
                                                C.M.P.No.5401 of 2025

                     M/s.Shakthi Scanners Pvt. Ltd.,
                     Rep. By its Director, K.Elumalai,
                     No,8/18, Gopalapuram, 3rd Street,
                     Chennai – 600 086.                                                          ... Appellant(s)

                                                                  Vs.

                     Mr.Anil Kumar,
                     Proprietor of M/s.Mahabir Trading Corporation,
                     No.11, Chinna Thambi Street,
                     Triplicane, Chennai – 600 005.                                            ... Respondent(s)

                     Prayer: Appeal filed under Section 96 of the Code of Civil Procedure read
                     with Order XLI Rule 1 of CPC read with Section 13(1) & IA of the
                     Commercial Courts Act, 2015, to set aside the Judgment and Decree dated
                     12.06.2024       made   in   C.O.S.No.467              of     2022   (Tr.O.S.No.4653       of
                     2020)(Tr.C.S.No.721 of 2013) on the file of the Commercial Court at Egmore,
                     Chennai.




                     Page 1 of 4




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                                                                                             APPEAL (CAD) No.8 of 2025

                                        For Appellant(s)               : Mr.R.Thiagarajan

                                        For Respondent(s) : Mr.D.Peruman Saranyan

                                                                 ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.)

This appeal, filed against the judgment and decree dated 12.07.2024

made in C.O.S. No.467 of 2022, is sought to be withdrawn as the matter has

been settled out of court.

2. The learned counsel appearing for the appellant submits that, pursuant

to the decree passed in the impugned judgment, the decree holder had filed

E.P.No.15 of 2025. During the pendency of the execution proceedings, the

parties have arrived at a settlement on 15.09.2025, which was recorded by the

Execution Court, resulting in the termination of the Execution Petition.

Consequently, the appeal has become infructuous and the appellant seeks

permission to withdraw the same.

3. In view of the compromise entered into between the parties and the

full satisfaction recorded in the Execution Petition, and upon perusal of the

compromise memo as well as the order of the Execution Court dated

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15.09.2025, we are satisfied that nothing survives for adjudication in this

appeal. Accordingly, the appeal is dismissed as settled out of court. No costs.

Connected miscellaneous petitions, if any, stand closed.

4. The appellant is entitled to refund of the court fee paid, in accordance

with law.

                                                                                          (Dr.G.J.,J.)    (M.S.K.,J.)
                                                                                                    26.11.2025
                     skr
                     Index : Yes / No
                     Speaking order / Non-speaking order
                     Neutral Citation : Yes / No









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                                                                     DR.G. JAYACHANDRAN, J.
                                                                                       and
                                                     MUMMINENI SUDHEER KUMAR, J.

                                                                                                  skr









                                                                                         26.11.2025









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