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Madras High CourtCRP/3888/2015allowed

The Institute Of Roadtransport v. M/S Midas Pre-Cured Treads

2021-07-28Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA and MP.No.1 of 2015 1.The Institute of Road Transport 100 feet road, Taramani, Chennai 600 113, rep. by its Chairman.

2.The Director -Cum- Nodal Officer, The Institute of Road Transport, 100 feet road, Taramani, Chennai 600 113. ... Petitioners Vs.

M/s. Midas Pre-Cured Treads Pvt.Lytd., Represented by its Director John K.Abraham 184/II, Industrial Estate, Ettumanoor, Kottayam 686 631, Kerala State. ... Respondent PRAYER : The Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the fair and decretal order passed in E.P.No.2272 of 2014 on the file of the Xth Assistant Judge, City Civil Court, Chennai dated 04.09.2015.

For Petitioners : Mr.Thayaparan For Respondent : Mr.Abraham Markos 1/4

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed against the fair and decretal order of the learned X Assistant Judge, City Civil Court, Chennai, dated 04.09.2015 in E.P.No.2272 of 2014.

2. The learned counsel on both sides have submitted that on verification, a sum of Rs.4,95,499/- (Rupees Four Lakhs Ninety Five Thousand four Hundred and Ninety Nine only), which comprises the principal sum of Rs.1,75,000 (Rupees. One Lakh and Seventy five thousand only) has been deposited and the interest accrued is available in the credit of the suit. 3.

The learned counsel for the petitioners has stated that the said amount can be withdrawn by the respondent/decree holder and after receipt of the same, he can execute a memo to that effect.

4.

In view of the above understanding between the parties, I feel that the Civil Revision Petition does not require any further orders on merits. It is impressed on the respondent/ decree holder that he should file a Full 2/4

Satisfaction Memo after withdrawing the above said amount from the Court. In the result, this Civil Revision Petition is allowed and the order of the learned X Assistant Judge, City Civil Court, Chennai, dated 04.09.2015 in E.P.No.2272 of 2014, is hereby set aside. No costs. Consequently connected Miscellaneous Petition in MP.No.1 of 2015, is also closed. 28.07.2021 Speaking/Non-speaking Index : Yes/No Internet : Yes/No jrs To 1.The X Assistant City Civil Court, Chennai.

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

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R.N.MANJULA,J.

jrs and MP.No.1 of 2015 28.07.2021 4/4