M/S. Skale Fitness Unlimtied v. G. Balasubramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.Nos.14231 & 14233 of 2024 in M/s.Skale Fitness Unlimited Proprietor of M/s.P.S.Annapoorani No.14/41, Jawahar Nagar, 1st Main Road Chennai-600 082.

... Appellant Vs.

Mr.G.Balasubramani S/o.Loganathan .. Respondent Original Side Appeal filed under Section 13(1) of the Commercial Courts Act, 2015, praying to set aside the judgment and decree dated 21.11.2023 in C.O.S.No.104 of 2023 passed by the Commercial Court, Chennai.

For Appellant :

Mr.B.Bala Murugan Page Nos.1/6

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J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,] Mr.B.Bala Murugan, learned counsel on record for appellant submits that the captioned appeal has been settled out of Court and he has instructions from appellant to withdraw the captioned appeal. Saying so, learned counsel has made endorsements in the case file and scanned reproduction of the same are as follows:

Endorsement in Appeal(CAD)No.26 of 2024:

Page Nos.2/6

Endorsement in C.M.P.No.14231 of 2024:

Endorsement in C.M.P.No.14233 of 2024:

2. Learned counsel for appellant requests for refund of Court fee.

3. In the light of Sections 69 and 69-A of 'Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)' (hereinafter Page Nos.3/6

'TN Court Fees Act' for the sake of brevity) and judgment of Hon'ble Supreme Court in M.C.Subramaniam's case {The High Court of Judicature at Madras rep. By its Registrar General Vs. M.C.Subramaniam and Others reported in (2021) 3 SCC 560} refund of Court fee as per the obtaining procedure is ordered. Refund of Court fee shall be by way of an instrument drawn in favour of appellant. Refund proceedings shall be completed by Registry within six weeks from today i.e., by 14.11.2024 subject only to Statutory deductions, if any and learned counsel for appellant adhering to all the procedural requirements.

4. Captioned Appeal and captioned Civil Miscellaneous Petitions are disposed of as closed / withdrawn. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 03.10.2024 Index : Yes / No Speaking / Non-speaking mk To Page Nos.4/6

The Sub-Assistant Registrar Original Side High Court, Madras.

Page Nos.5/6

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 03.10.2024 Page Nos.6/6