Madras High CourtOSA/116/2016dismissed for not pressed

M/S.Kaleesuwari Refinery v. M/S.M.K.Agrotech Pvt.Ltd.,

2023-04-05Honourable Mr Justice S.S. Sundar,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI M/s. Kaleesuwari Refinery Pvt. Ltd represented by its Director Mr.K.Ashok Kumar No.53, Rajasekaran street (Opp Kalyani Hospital, Radhakrishnan Salai) Mylapore, Chennai-600 004 .. Appellant Vs.

M/s. M.K.Agrotech Pvt. Ltd represented by its Managing Director Mr.Subhan Khan M B Road, Srirangapatana Madya, Karnataka-571 438 having local office at No.105 Kumananchavadi, Chennai-600 056 (near Kamala Garden, Royal Enfield Showroom) .. Respondent Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Amended Letters Patent against the

order of the learned Single Judge dated 29.02.2016 made in O.A.No.1151 of 2015 in C.S.No.858 of 2015.

For Appellant :

Mr.R.Anish Kumar For Respondent :

Ms.Chandini Pradeep Kumar for Ms.Arun C. Mohan

JUDGMENT

(Judgment of the Court was made by S.S.SUNDAR,J.) This intra Court Original Side Appeal is filed against the judgment and decree of the learned Single Judge passed in O.A.No.1151 of 2015 in C.S.No.858 of 2015.

2. Learned counsel appearing for the appellant states that the parties have entered into a memorandum of compromise and the compromise memo is also being filed in the suit. This Intra Court Appeal is against the interim order passed in the suit in C.S.No.858 of 2015. It is now reported that the suit in C.S.No.858 of 2015 is transferred to XX Additional City Civil Court and renumbered as O.S.No.7688 of 2022. Learned counsel appearing for the appellant submits that a compromise memo is being filed

in the Court in which the suit is now transferred and pending.

3. In view of the compromise arrived at between the parties, learned counsel states that nothing survives in the appeal and therefore the appeal may be dismissed as not pressed.

4. Accordingly, recording the statement that the parties have settled the dispute and the suit itself is compromised by signing a compromise memo, this Original Side Appeal is dismissed as not pressed. No costs. (S.S.S.R.J) & (P.B.B.J) 05.04.2023 Internet: Yes Index:Yes/No To 1.The Sub Assistant Registrar (Original side) High Court, Madras 2.The Section Officer VR Section, High Court, Madras

S.S.SUNDAR, J., and P.B.BALAJI,J kpr 05.04.2023