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Madras High CourtOSA(CAD)/75/2025dismissed

K.G.Foundations (P) Limited, v. M/S.Consolidated Construction Consortium Limited,

2026-01-23Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P.No.16410 of 2025 K.G.Foundations (P) Limited, Represented by its Authorised Signatory, Mahendra Chugh, No.5, Bishop Wallers Avenue (East), Mylapore, Chennai -600 004.

..Petitioner(s) Vs M/s.Consolidated Construction Consortium Limited, Rep. by its Managing Director, S.Sivaramakrishnan, No.5, 2nd Link Road, C.I.T.Colony, Mylapore, Chennai -600 004.

..Respondent(s) Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of the O.S. Rules read with Clause 15 of the Letters Patent and Section 37 of the Arbitration and Conciliation Act, praying to set aside the Judgment and Order dated 24.01.2025 passed in O.P.No.126 of 2021 and thus render justice.

For Petitioner(s):

Mr.S.V.Pravin Rathinam For Respondent(s):

Mr.S.Karthikei Balan

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan J.) The present appeal has been filed to set aside the Judgment and Order dated 24.01.2025 passed in O.P.No.126 of 2021.

2. The learned counsel for the appellant had given a letter to the Registrar (Judicial), High Court of Madras, dated 21.01.2026, seeking permission to withdraw the appeal.

3. Today when the matter is taken up for hearing, a representation is also made on behalf of the respondent that the issues raised are no longer available for adjudication, since the parties have settled the matter. In this connection, a joint memo of amicable settlement dated 11.12.2025 has also been presented before this Court. The said joint memo of amicable settlement dated 11.12.2025 shall form part of this judgment.

4. The appeal stands dismissed in terms of the settlement reached between the parties.

5. Since the settlement had been reached by the parties, the appellant is permitted to seek refund of Court fees in accordance with the Rules.

6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(C.V.K.,J.) (K.B.,J.) 23-01-2026 Index: Yes/No Speaking/Non-speaking order kak

C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

kak 23-01-2026