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Madras High CourtWA/680/2024disposed of in memo of compromise

M/S. Unicon Engineers v. M/S. Bagalkot Cements And Industries Ltd

2024-07-02Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024 CORAM :

THE HONOURABLE MR. R. MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ W.A.No.680 of 2024 & C.M.P.No.4744 of 2024 M/s.Unicon Engineers, Represented by its Managing Partner Mr.P.Ponram, 513-A/6, Bharathi Road, Chinnavedampatty, Coimbatore - 641 049.

...

Appellant Vs.

1.M/s.Bagalkot Cements & Industries Ltd., (Assignee Bagalkot Udyog Limited), Represented by Mr.Suresh Sharma, Stadium House, Block No.1, 6th Floor, Veer Nariman Road, Church Gate, Mumbai - 400 020.

2.The Chairman/Chairperson, Micro Small and Medium Enterprises, Facilitation Council, Coimbatore Region, Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 032.

...

Respondents Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 08.02.2024 made in W.P.No.2170 of 2024. For Appellant : Mr.B.Manoharan For Respondents : Mrs.N.Kavitha Rameshwar for R1 Page 1/4

J U D G M E N T

[Judgment of the Court was delivered by Hon'ble Acting Chief Justice) When the matter was taken up for hearing, the learned counsel appearing for both parties jointly submitted that with respect to the issue involved herein, a settlement has been arrived at between the parties. In support of the same, they filed a joint memo dated 02.07.2024 signed by all the necessary parties. For better appreciation, the terms of the settlement are extracted below: "In the above matter, the first respondent-M/s. Bagalkot Cement & Industries Ltd., has paid a sum of Rs.2,75,00,000/- (Rupees Two crores and Seventy Five Lakhs) as full and final settlement towards the claims made by the appellant in the instant appeal, by way of D.D.No.052134, dated 27.06.2024, drawn on HDFC Bank, Mumbai.

It is agreed between the parties that both parties shall not make any further claim against each other in respect of the dispute between the parties. The matter was earlier referred to mediation and the mediation has failed. However, subsequently, the matter was settled between the parties mutually. As such, the writ appeal may be closed recording the above settlement."

2. Therefore, this writ appeal stands disposed of in terms of the joint memo entered into between the parties as referred to above. Page 2/4

The joint memo dated 02.07.2024 shall form part of this judgment. No costs. Consequently, the connected miscellaneous petition is closed. [R.M.D., A.C.J.] [M.S.Q, J.] 02.07.2024 r n s To The Chairman/Chairperson, Micro Small and Medium Enterprises, Facilitation Council, Coimbatore Region, Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 032.

Page 3/4

THE HON'BLE ACTING CHIEF JUSTICE and MOHAMMED SHAFFIQ, J.

r n s W.A.No.680 of 2024 & C.M.P.No.4744 of 2024 02.07.2024 Page 4/4