D.Prema v. M/S. Shiva Texyarn Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR D.Prema W/o.Duraisamy ...Appellant Vs

1. M/s.Shiva Texyarn Ltd., Rep. by Vice President P.Basker S.F.No.371/5, Paruvai Post Karadivavi Road Karanampettai Tiruppur District

2. M/s.South India INC., Rep. by the Proprietor P.Priya 2/291, K.Periya Thottam Chettipalayam Main Road Angeripalayam Post Tiruppur District

...Respondents

PRAYER: Appeal filed under Section 96 read with Order XLI Ru;e 1 1/9

CPC read with Section 13(1A) of the Commercial Courts Act, 2015 to set aside the judgment and decree dated 30.11.2022 passed in C.O.S.No.19 of 2021 passed by the Principal District Court, Tiruppur. For Petitioner : Mr.N.Manokaran For Respondent : Mr.K.Govi Ganesan for R1 R2-Given up

JUDGMENT

(Judgment of the Court was made by M.SUNDAR.J.,) In the captioned appeal, Ms.D.Prema, wife of Duraisamy, appellant, Mr.N.Manokaran, counsel on record for appellant, Mr.C.S.Ramakanth, Legal Officer of R1 company i.e., Shiva Texyarn Ltd., Mr.K.Govi Ganesan, learned counsel on record for R1 are before us.

2. As regards R2 (South India INC.,), learned counsel on record for appellant Mr.N.Manokaran has made an endorsement in the case file giving up R2 and a scanned reproduction of the endorsement is as follows:

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3. On R2 being given up, R1 (Shiva Texyarn Ltd.,) has now become sole respondent.

4. The narrative thus far means that both parties in the appeal together with their respective counsel are present before this Court.

5. Both learned counsel submit in one voice in unison that the parties resorted to out of Court settlement, parties have arrived at a settlement and have reduced the terms of settlement to writing vide a 'JOINT MEMORANDUM OF COMPROMISE ENTERED INTO BETWEEN THE APPELLANT AND THE 1ST RESPONDENT /DECREE HOLDER dated 01.08.2024' [hereinafter 'said JMoC' denoting 'Joint Memorandum of Compromise']. A scanned reproduction of the said 3/9

JMoC along with the docket as placed before us is as follows: 4/9

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6. This Court had the benefit of interacting with the appellant Ms.D.Prema, wife of Mr.Duraisamy and Mr.C.S.Ramakanth, Legal Officer of R1 company. Both parties confirmed that said JMOC has been signed out of their free will and volition and undertake to abide by the terms thereat.

7. Mr.C.S.Ramakanth also submitted that said JMOC has been signed by Mr.P.Baskar, who is Vice President of R1 Company, he is indisposed today and therefore, he (C.S.Ramakanth) is before this Court along with a Board Resolution. To be noted, a minor correction in said JMOC vide sub-clause (f) of Clause (III) has been counter signed by both parties.

In the light of the narrative thus far, captioned appeal is disposed of in terms of aforementioned said JMOC which shall now form part of the compromise decree. There shall be no order as to costs. (M.S.,J.) (N.S.,J.) 05.09.2024 Index : Yes / No 8/9

gpa M.SUNDAR, J., and N.SENTHILKUMAR, J., gpa 05.09.2024 9/9