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Madras High CourtCMP/7661/2025disposed of

Asoj Soft Caps Pvt Ltd v. Tamilnadu Medical Services Corporation Ltd

2025-04-15Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ in Appeal (CAD) No.30 of 2024 Asoj Soft Caps Pvt Ltd No.8, Pradhadevi Niwas, Kashinath Dhuru Road, Agar Bazar, Dadar, Mumbai-400 028, Rep. by its Director Mr. Narendra K.Savla.

Petitioner in CMP 7661/2025 and respondent in CMP No.9185/2025 Vs Tamil Nadu Medical Services Corporation Ltd Mamtha Complex, 3rd Floor, No.13, Whites Road, Royapettah, Chennai-600 014 now having its registered office at No.417, Pantheon Road, II Floor, Egmore, Chennai-600 008.

Petitioner in CMP No.9185/2025 and respondent in CMP No.7661/2025 Mr.J.V.Sakthi Baalakrishnan for Petitioner in CMP No.7661/2025 and respondent in CMP No.9185/2025 Mr.E.Balamurali for M/s.Shivakumar and Suresh for Petitioner in CMP No.9185/2025 and respondent in CMP No.7661/2025

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The appeal was disposed of by us vide order dated 14.03.2025.

2. During the pendency of the appeal, appellant - Tamil Nadu Medical Services Corporation Ltd (for short, 'Corporation') had deposited a sum of Rs.70,00,000/- with the Registry. As per the joint memo of compromise arrived at, appellant Corporation has agreed to pay a sum of Rs.49,95,697/- in full and final settlement of amounts payable by it to respondent - Asoj Soft Caps Pvt Ltd.

3. The joint memo also provides that Asoj Soft Caps Pvt Ltd be permitted to withdraw this amount of Rs.49,95,697/- from Rs.70,00,000/- deposited by appellant Corporation and the balance, together with accumulated interest, be returned to the appellant Corporation.

4. Counsel appearing for appellant Corporation states that the appellant has no objection in view of the memo of compromise, if the

Registry pays out this amount of Rs.49,95,697/- to Asoj Soft Caps Pvt Ltd, and the balance be returned to appellant Corporation, together with accumulated interest.

5. Accordingly, the Registry is directed to pay a sum of Rs.49,95,697/-, out of the amount deposited by appellant (without deduction), to Asoj Soft Caps Pvt Ltd. The amount shall be credited to the account mentioned in the Advocate's letter addressed to the Registry.

6. The balance amount, together with accumulated interest, without deduction, be paid over, (except TDS, if any), to appellant.

7. The amounts shall be paid within two weeks of receiving letters from the respective advocates.

(K.R.SHRIRAM, CJ.) (MOHAMMED SHAFFIQ, J.) 15.04.2025 TAR

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

To The Registrar General, Madras High Court.

CMP Nos.7661 & 9185 of 2025 in Appeal (CAD) No.30 of 2024 15.04.2025