Madras High CourtAS/871/2008disposed of in memo of compromise

M/S.Vamdev Exports v. M/S.Angel Label Division

2019-08-21Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN A.S.No.871 of 2008 and C.M.P.Nos.16877 & 16882 of 2019

1. M/s. Vamdev Exports Rep. by its Managing Partner V.Lakshmi

2. V. Lakshmi Partner, M/s. Vamdev Exports

3. V. Manikandan Partner, M/s. Vamdev Exports

4. V. Vignesh Partner, M/s. Vamdev Exports

5. P.S. Venkatachalam Partner, M/s. Vamdev Exports ...Appellants Fifth Appellant died, recorded as per the memo dated 02.07.2019 vide court order dated 03.07.2019. Vs.

1. M/s. Angel Label Division Hindu undivided Family (HUF) Kartha, Rep. by its Manager (Accounts / Credit & Risk) P.A. Holder Mr. R.Sundar

2. K.Banumathi Partner, M/s. Vamdev Exports

3. P.S.Kathiresan Partner, M/s. Vamdev Exports

...Respondents

Prayer:

First Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree passed by the Additional District and Session Judge, Fast Track Court-II, Coimbatore, dated 19.10.2007 in O.S.No.541 of 2004.

For Appellants : Mr.S.V.Pravin Rathinam For Respondents : Mr. MA.P. Thangavel for R1 Mr.B. Ravi Raja for R2 and R3

JUDGMENT

Both the appellants and the respondents present with their respective counsel.

2. Joint Memo of Compromise has been filed by the parties and the terms of the Joint Memo of Compromise read over to the parties and admitted by them to be correct.

3. In the light of the above position, the Joint Memo of Compromise is recorded.

4. In terms of the settlement arrived at between the parties as per the Joint Memo of Compromise, a) The first respondent is permitted to withdraw the sum of Rs.10,00,000/- (Rupees ten lakhs only) deposited in E.P. No.19/2008 on the file of the Fast Track Court -II, Coimbatore, with accrued interest, and b) the first appeal is dismissed and the Registry is directed to refund the court fee to the appellants as per law. The Joint Memo of Compromise shall form part and parcel of the decree passed in the appeal. Consequently, connected miscellaneous petition, if any, is closed.

(* Xerox Copies Enclosed along with Joint Memo of Compromise) -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar bga

Copy to

1. Additional District and Session Court, Fast Track Court-II, Coimbatore,

2. The Section Officer, V.R.Section, High Court, Madras.

+1 CC to Mr.S.V.Pravin Rathinam, Advocate sr 71317. +1 CC to Mr.P.J. Rishikesh, Advocate sr 71316. +1 CC to Mr.Raviraja, Advocate sr 71346.

A.S.No.871 of 2008 SAI(CO) SP(06/09/2019)