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Madras High CourtAS/527/2020withdrawn dismissed

M/S.Thangam Bar v. M/S.Global Beverages Inc.,

2023-02-21Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and C.M.P.No.7456 of 2020 M/s.Thangam Bar Lic.No.FL/2-No.38, carrying on business at No.14 Mailam Road, Sedurapet, Puducherry Rep.by its Licensee cum Proprietrix T.Krishnaveni W/o.M.C.Thangavelan, 67 years No.135, Saint Therese St., (Upstairs) Puducherry - 1.

..Appellant Vs.

M/s.Global Beverages Inc., Regd.Partnership firm No.58/2, Pondy-Villupuram Main Road Villianur, Puducherry - 605 110 Rep.by its Managing Partner, S.Ganesan S/o.S.A.Swaminathan, aged about 50 years No.F1, Temple View Apartment 63/1-A, 2nd Temple Road, 15th Cross Malleswaram, Bengaluru - 560 001.

& Anr.Partner K.Santhosh Kumar, S/o.Krishnan Kutty Aged about 47 years, No.39, 5th Cross, Kumaran Nagar, Puducherry - 8.

..Respondent 1/4

Appeal filed under Section 96 of Civil Procedure Code read with Order XLI Rule 1 of C.P.C., to set aside the judgment and decree of the Learned II Additional District Judge, Puducherry in O.S.No.45 of 2015 dated 29.10.2019 and consequently dismiss the O.S.No.45 of 2015 with costs.

For Appellant : Ms.G.Lavanya For Mr.T.Sai Krishnan For Respondent : Mr.A.C.Manibharathi

JUDGMENT

The learned counsel appearing on behalf of the appellant made a submission that the parties to the Appeal Suit have already arrived a settlement and thus, no further adjudication is required.

2. The learned counsel for the appellant has also made an endorsement in the case bundle to withdraw the present Appeal Suit.

3. Since the disputes between the parties are settled, the appellant is permitted to withdraw the appeal suit and consequently, the Appeal Suit in A.S.No.527 of 2020 stands dismissed as withdrawn. 2/4

4. Registry, High Court of Madras is directed to refund the Court fee in favour of the appellant as per the rules in force, since the issues are settled between the parties.

No costs. Connected miscellaneous petition is closed. 21.02.2023 Index : Yes kak To The II Additional District Judge, Puducherry.

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S.M.SUBRAMANIAM, J.

kak 21.02.2023 4/4