Madras High CourtAS/230/2021disposed of

N.Shyamala v. M/S.Suriyan Benefit Fund(Madras)Ltd

2023-06-26Honourable Mr Justice S. Vaidyanathan,Honourable Mr.Justice K.Rajasekar8 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 26-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR A.S.No.230 of 2021 1.N.Shyamala 2.N.Venkatesh 3.N.Mahesh 4.N.Durga 5.N.Suresh ...

Appellants -vsM/s.Suriyan Benefit Fund (Madras) Ltd....

Respondent Appeal is filed under under Section 96 of the Civil Procedure Code, against the judgment and decree, dated 09.01.2020, passed in O.S.No.7453 of 2019, on the file of VI Additional City Civil Court, Chennai.

For Appellants : Mr.T.S.Baskaran For Respondent : Mr.E.Senthilkumar

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JUDGMENT

(By S.Vaidyanathan,J.) Learned counsel for the appellants and the respondent have filed a Joint Memo of Compromise, dated 08.06.2023, entered into between the parties, duly signed by them and their counsel, requesting for disposing of this Appeal Suit in terms of the said Memo.

2. All the parties are present before the Court today and they agreed that they have arrived at a compromise and duly signed the Joint Memo of Compromise, which is scanned below :

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3. Recording the said Joint Memo of Compromise, dated 08.06.2023, this Appeal Suit is disposed of. Joint Memo of Compromise shall form part of the decree. No costs.

4. As it is reported that the connected Second Appeals have also been settled out of Court, it is open for the parties to produce a copy of this judgment and the Joint Memo of Compromise before the learned single Judge to pass appropriate orders.

5. In terms of Clause 4 of the Joint Memo of Compromise, the appellants are entitled to file a Memo before the Civil Court to withdraw the amount lying in Court Deposit together with interest accrued, if any, in which event, the amount shall be released to the appellants forthwith, preferably within 15 working days, subject to proof of deposit of the same.

6. Since the parties have arrived at a compromise and settled the matter out of Court, the appellants are entitled for refund of Court Fee as per Rules. (S.V.N.,J.) (K.R.S.,J.) 26-06-2023 dixit

7/8 To 1.V.R.Section, High Court, Madras.

2.VI Additional City Civil Court, Chennai.

8/8 S.VAIDYANATHAN, J.

AND K.RAJASEKAR, J.

dixit A.S.No.230 of 2021 26-06-2023