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Madras High CourtOA/33/2023disposed of

M/S.Tsr Films Private Limited v. Vasu Theatre

2023-03-20Honourable Mr Justice Krishnan Ramasamy4 pages

KRISHNAN RAMASAMY, J.

When the matter was taken up for hearing, today, the learned counsel appearing on either side submitted that the dispute has been resolved between the parties outside the Court and a Memorandum of Settlement entered between the parties dated 20.03.2023 has been filed to that effect. The learned counsel for the parties also requested that the matter may be disposed of in terms of the Memorandum of Settlement.

2. The said Memorandum of Settlement dated 20.03.2023 reads as follows:- Memorandum of Settlement ''1.The applicant filed the above Original Application seeking an order of ad interim injunction restraining the respondent, its men, servants, agents, representatives, or any other person claiming or acting on behalf of it from using the Judge's summons schedule mentioned equipment for film projection or any other ancillary and incidental purposes of film projection and exhibition pending final adjudication of the disputes between parties through arbitration.

2. The applicant filed the above Arbitration

Application seeking an order appointing an advocate commissioner to visit the respondent premises, theatres, auditorium, screens, projector room and any other premises of the respondent along with local police protection to break open if necessary, and to seize and take custody of the applicant's equipment specifically described in the schedule to the Judge's Summons and hand them over to the applicant pending final adjudication of the disputes between parties through arbitration.

3.During pendency of the above proceedings before this Hon'ble Court, the parties mutually settled the matter amongst themselves on terms more specifically stipulated in Addendum to Agreement executed on 14.03.2023. The subject addendum is placed before this Hon'ble Court.

4. In the light of the above settlement between parties it is most humbly prayed that this Hon'ble Court may kindly be pleased to take this memorandum on file and dismiss the above applications as withdrawn by recording the addendum dated 14.03.2023 as part of the order and thus render justice.

Dated at Chennai on this the 20th day of March 2023.''

3. In view of the above, this Original Application is disposed of recording the terms of the memorandum of settlement and the addendum dated 14.03.2023 and the said Memorandum of Settlement and the said addendum shall form part of the order.

20.03.2023 ms

KRISHNAN RAMASAMY, J.

ms O.A.No. 33 of 2023 20.03.2023