M/S.Coaction Communication Pvt Ltd v. M/S.Buildcraft Interior Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.S.No.317 of 2019 and C.M.P.No.10784 of 2019 M/s.Coaction Communication Pvt. Ltd., Formerly known as SDP Telecom (India) Pvt. Ltd., Represented by its Director, Having its office at OZ-11/4, SIPCOT Industrial Park, Electronic Hardware, (Hi-Tech), SEZ., Orgadam, Sriperumbudur Taluk, Kanchipuram District - 631 604.

.. Appellant/Defendant (Cause title accepted vide court order dated 26/11/2019 in CMP.10380/2019 in AS.SR. 19835/2019) Vs M/s.Buildcraft Interior Private Ltd., Rep. by its Director, Having its office at 8th Floor, KRM Centre, No.2, Harrington Road, Chetpet, Chennai 600 031.

... Respondent/Plaintiff PRAYER : Appeal filed against the judgment and decree dated 28.09.2018 passed by the learned District Court II at Kanchipuram, in O.S.No.79 of 2013.

For Appellant :Mr.Dilip Mathew John For Respondent :Mr.P.B.Balaji

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The above appeal has been filed against the Decree and Judgment passed by the learned District Judge, District Court, Kanchipuram in O.S.No.79 of 2013.

2.When the matter is called today, Mr.Dilip Mathew John, learned counsel appearing for the appellant would submit that https://hcservices.ecourts.gov.in/hcservices/

the matter has been settled and both the parties have entered into a compromise memo.

3.Mr.M.Vijayakumar, Manager-HR of Coaction Communications Pvt. Ltd., authorised representative of the appellant and the Director of the respondent are present before this Court today and states that the matter has been settled on payment of Rs.22,52,659/- (Rupees twenty two lakh fifty two thousand six hundred and fifty nine only) by the appellant in favour of the respondent within a period of 60 days from this day as per the memo of compromise viz., on or before 09.09.2019 towards full and final settlement and satisfaction of the decree passed in O.S.No.79 of 2013 on the file of District Court II, Kanchipuram. 4.In view of the memo of compromise signed by both parties and counter signed by respective learned counsel, the Appeal Suit is liable to be dismissed in terms of joint memo of compromise. The said joint memo of compromise shall form part of the decree. Since the matter has been settled by way of compromise memo, the appellants are entitled to refund of 50% of the Court fee. The Registry is directed to return 50% of the court fee to the appellant.

5.Accordingly, the Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar Encl: Xerox Copy of Joint Memo of Compromise dated 09/07/2019 attached.

sai To The District Judge, District Court - II, Kanchipuram.

Copy To The Section Officer, V.R. Section, High Court, Madras.(2 copies) +1cc to Mr.Rishi S.Ahuja, Advocate, S.R.No. 57485 +1cc to Mr.P.B.Ramanujam, Advocate, S.R.No. 52265 A.S.No.317 of 2019 VG I(CO) GN(04/11/2019) https://hcservices.ecourts.gov.in/hcservices/