C.R.Polymers v. Pon Singh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR C.R.Polymers Rep. by its Proprietor Mr.Chainroop Hirawat Carrying on Business at No.7 7th Block, Tamil Nadu Housing Board Industrial Estate, Phase - II Kodungaiyur, Chennai - 600 118 ... Appellant Vs.

Mr.Pon Singh Proprietor Sabarivasan Hardware Store Carrying on business at No.881/7, 8 & 9 Thiruvalluvar High Road Gopal Nagar, Padi Chennai - 600 098 ... Respondent Appeal filed under Section 13(1A) of Commercial Courts Act read with Section 96 of Civil Procedure Code, 1908 to set aside the decree and judgment by the Commercial Judge, Egmore dated 11.11.2024 in COS No.56 of 2023.

Page Nos.1/6

For Appellant :

Mr.K.P.Dinesh For Respondent :

Mr.J.Shakul Hameed for Mr.C.Prabakaran

ORDER

[Order of the Court was made by M.SUNDAR, J.] Mr.K.P.Dinesh, learned counsel on record for the sole appellant and Mr.J.Shakul Hameed, learned counsel representing Mr.C.Prabakaran, counsel on record for sole respondent are before us.

2. Both counsel submit in one voice in unison that the matter has been settled as between the parties i.e., settled out of Court. A scanned reproduction of the memo filed by the learned counsel for appellant in this regard (memo dated 09.09.2025) is as follows: Page Nos.2/6

Page Nos.3/6

3. As regards the refund of Court fee, in the light of Section 69-A of 'The Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act Page Nos.4/6

XIV of 1955)' [hereinafter 'TN Court Fees Act' for convenience and clarity] read with M.C.Subramaniam case [High Court of Judicature at Madras Vs. M.C.Subramaniam reported in 2021 SCC OnLine SC 109 : (2021) 3 SCC 560], Registry to refund the Court fee subject only to standard / applicable statutory deductions, if any. Refund shall be by way of an instrument drawn in the name of the appellant. Registry shall complete the process of refund of Court fee as expeditiously as the business of Registry permits but in any event within twelve weeks from today i.e., on or before 04.12.2025 (subject to counsel for appellant complying with procedural requirements).

Captioned appeal dismissed as withdrawn, the same having been settled out of Court with directive regarding refund of Court fee in the aforesaid manner. There shall be no order as to costs. (M.S.,J.) (M.S.K.,J.) 11.09.2025 Index : Yes / No gpa Page Nos.5/6

M.SUNDAR, J., and MUMMINENI SUDHEER KUMAR, J., gpa To The Commercial Court Egmore, Chennai 11.09.2025 Page Nos.6/6