M/S.Johnson Lifts Pvt Ltd v. M/S.Eurotherm India Pvt Ltd

In the High Court of Judicature at Madras Dated: 14.07.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S. SIVAGNANAM Original Side Appeal No. 243 of 2014 Johnson Lifts Private Limited having Registered Office at No.1, East Main Road Anna Nagar Western Extension Chennai 600 101.

.. Appellant vs.

M/s. Eurotherm India Private Limited having Registered Office at Tamarai Tech Park SP Plot # 16-19 & 20-A Thiru.Vi.Ka Industrial Estate Guindy, Chennai 600 032.

.. Respondent Prayer: Original Side Appeal filed under Order 36, Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 30.06.2014 passed by the learned Single Judge, in Application No.3147 of 2013 in C.S. No.36 of 2013 on the file of this Court.

For Appellant : Mr. Prakash Kumar for Span Associates For Respondent : Mr. Rahul Koshala for Ms. Girija Velmurugan

J U D G M E N T

(Delivered by The Hon'ble The Chief Justice) A Settlement and Release Agreement dated 14.07.2015 has been placed before us in Court and taken on record, which is accepted as Exhibit-A. The prayer is for the compromise to be taken on record with an undertaking of the parties to remain bound by the Settlement. We ordered accordingly.

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2. The aforesaid Settlement not only compromises the present appeal as well as a suit from which this appeal arises being Civil Suit No.36 of 2013, but also Civil Revision Petition No.840 of 2013 and Original Suit No.7193 of 2012 filed before XVIII Assistant City Civil Court, Chennai. Learned counsels for the parties pray that these proceedings be also brought before this Court and formal orders passed based on the Memo of Compromise.

3. We acceded to the request.

4. Thus, the appeal is permitted to be withdrawn in pursuance to the compromise arrived at as per Exhibit-A. The present appeal stands dismissed as withdrawn. No costs.

5. The original Settlement and Release Agreement dated 14.07.2015 be placed on record in the civil suit, while a copy be retained in the present proceedings.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar *enclosed herewith xerox copy of Ex A ATR To The Sub Assistant Registrar Original Side High Court, Madras 1 cc to Mr.M. Velmurugan, Advocate, Sr. 35898 O.S.A. No. 243 of 2014 KU (CO) kk 27/7 https://hcservices.ecourts.gov.in/hcservices/