Madras High CourtCS/441/2018dismissed as settled out of court

Pradeep Stainless Indiapvt Ltd v. M/S.Spezialatahl Middle East

2023-12-22Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Pradeep Stainless India Pvt Ltd., Plot No.C-3 & B-7, Phase II, Special Economic Zone, Tambaram, Chennai - 600 045.

Plaintiff -vs1.M/s.Spezialstahl Middle East Fze P.O. Box 331 630, Floor 7, BC4, RAK FTZ Business Park, A1 Nakheel, Ras A1 Khaimah, United Arab Emirates.

2.Mr.Surajlal 3.Mr.Bhawarlal Rakesh Bohara 4.Bohara Trading Company LLC, P.O Box No.23469, Suite # 3, Behind Car Park Building, Near Irani Souq, Deira, Dubai - UAE ..

Defendants PRAYER: Civil Suit is filed under Order IV Rule 1 of High Court 1/4

O.S. Rules and Order VII Rule 1 of CPC read with Order 13(A) of CPC read with Section 7 of Commercial Courts, Commercial Division and Commercial Appellate Divisions Act, 2015, praying:- (a) to pay a sum of 1,239,749.55 US Dollars at the exchange rate on the date of judgment along with interest @ 12% per annum on the unpaid bills (converted to Indian Rupees on the rate of exchange of RBI on the date of plaint Rs.8,37,11,360.91); and (b) for a direction to the defendants to pay the costs of the suit. For Plaintiff : Mr.R.Gokul Krishnan For D1 & D2 : Mr.Vijayakumar For D3 & D4 : Mr.Arun Karthikmohan

JUDGMENT

The parties have arrived at a settlement in the presence of the Mediator appointed by the Hon'ble Supreme Court. Based on the mediation report and in terms of the settlement reached between the parties, the Hon'ble Supreme Court by its order dated 13.12.2023 passed in Civil Appeal Nos.2639-2642 of 2023 has recorded the settlement entered into between the parties.

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2. A memo has also been filed by the learned counsel for the plaintiff dated 20.12.2023 recording the fact that the parties have arrived at a settlement, which has been recorded by the Hon'ble Supreme Court by its order dated 13.12.2023. The order of the Hon'ble Supreme Court dated 13.12.2023 has also been filed by the learned counsel for the plaintiff along with his memo dated 20.12.2023.

3. Since the matter has been settled out of Court between the parties, the suit is dismissed as settled out of Court and refund of full Court fee is ordered to the plaintiff.

22.12.2023 rkm ABDUL QUDDHOSE, J.

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