Madras High CourtOSA/126/2019withdrawn dismissed

C.Bhuvaneswari v. Shriram City Union Finance Ltd.,

2022-11-29Honourable The Acting Chief Justice,Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR and C.M.P.No.20491 of 2022 1.C.Bhuvaneswari 2.P.Balakrishnan .. Appellants Vs 1.M/s.Shriram City Union Finance Ltd., rep. by its Authorised rep. S.Anandhanatarajan, having their office at No.6, L.B. Road, Sorrento Building, II Floor, Adyar, Chennai-600 020.

2.C.A.Ravichandran, Arbitrator, No.90, Peters Road, Royapettah, Chennai-600 014.

3.N.Murugadoss 4.P.S.Vinod 5.C.Shivakumar .. Respondents Prayer: Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of the Original Side Rules read

with Clause 15 of the Letters Patent against the judgment and decree dated 18.12.2018 passed in O.P.No.39 of 2014. For the Appellants : Mr.Nithyanandam for M/s.K.Govi Ganesan For the Respondent : Mr.K.V.Ananthakrishnan for respondent No.1

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) Pursuant to the letter given by learned counsel for the appellants, the appeal has been listed today under the caption "for withdrawal".

2. Learned counsel appearing for the appellants sought permission of this court to withdraw the appeal, as the matter has been settled out of court.

3. Recording the submission made by learned counsel for the appellants, the original side appeal is dismissed as withdrawn.

4. At this stage, learned counsel for the appellants submitted that pursuant to the order of this Court dated 4.6.2019, the appellants have deposited a sum of Rs.1,03,196/- on 28.6.2019 and since the matter has been settled out of court, the appellants may be permitted to withdraw the said sum now lying in court.

5. Learned counsel appearing for the first respondent has no objection for withdrawal of the deposited amount by the appellants.

6. In view of the no objection made by learned counsel appearing first respondent, C.M.P.No.20491 of 2022 is allowed and the appellants are permitted to withdraw the deposited amount of Rs.1,03,196/- in the appeal.

There will be no order as to costs. Consequently, C.M.P.No.11116 of 2019 is closed.

(T.R., ACJ.) (D.K.K., J.) 29.11.2022 Index : Yes/No

bbr To:

The Sub Assistant Registrar Original Side High Court, Madras.

T.RAJA, ACJ.

AND D.KRISHNAKUMAR,J.

bbr 29.11.2022