Tirupati Enterprises v. M/S.Apm Terminals India Pvt. Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE Mr. JUSTICE M.SUNDAR AND THE HONOURABLE Mr. JUSTICE HEMANT CHANDANGOUDAR AND C.M.P.No.15140 of 2023 M/s.Tirupati Enterprises B-34, Lower Ground Floor Panchsheel Enclave, New Delhi Rep. by its Director Mr.Vinod Bharadwaj ..

Appellant Vs.

M/s.APM Terminals India Private Limited 13th Floor, Tower A95 Urmi Estate, Kadam Marg, Lower Parel (West) Mumbai 400 013 Branch Office at Ganesh Office Building 3rd Floor, Old No.130, New No.50 Velacherry Main Road Saidapet, Chennai 600 015 Rep. by its Authorised Signatory Mr.P.Paranthaman (cause title amended vide order dated 02.12.2024 made in C.M.P.No.26064 of 2024) .. Respondent Appeal filed under Section 13 of the Commercial Courts Act, 2015 read with Section 96 of CPC against the judgment and decree dated 06.02.2023 passed in C.O.S.No.1649 of 2022 on the file of the Commercial Court at Egmore, Chennai.

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For appellant : Mr.Aakash Guru.G For respondent : Mr.Kandeep Shravan for Mr.P.Giridharan

J U D G M E N T

(delivered by M.SUNDAR, J.) Mr.Aakash Guru.G, learned counsel on record for sole appellant and Mr.Kandeep Shravan, learned counsel representing Mr.P.Giridharan, learned counsel on record for sole respondent, are before us. Both the learned counsel submit that the captioned matter is settled out of court.

2. Section 69A of 'Tamil Nadu Court Fees and Suits Valuation Act, 1955 [Act No. XIV of 1955]' {hereinafter 'Tamil Nadu Court Fees Act' for the sake of convenience and clarity}, reads as follows: '69A. Refund on settlement of disputes under section 89 of Code of Civil Procedure Where the Court refers the parties to the suit to anyone of the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (Central Act V of 1908), the plaintiff shall be entitled to a certificate from the Court authorizing him to receive back the full amount of the fee paid in respect of such plaint if the dispute referred by the Court is settled.'

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3. To be noted, the endorsement made by both sides in the case file is as follows:

4. Appellant requests for withdrawal and also seeks refund of Court fee.

5. As regards Section 69A of Tamil Nadu Court Fees Act, the same is explained by Hon'ble Supreme Court in High Court of Judicature at Madras Vs. M.C.Subramaniam reported in 2021 SCC OnLine SC 109 saying that the same would apply even when parties enter into an out of Court settlement. Therefore, in the light of Section 69A of Tamil Nadu Court Fees Act in the context of M.C.Subramaniam case, Registry is directed to refund Court fee paid, subject to standard deductions and subject to counsel on record for appellant complying with the procedural requirements for refund. The refund shall be by way of instrument drawn in favour of the appellant. 3/5

6. The refund shall be done by the Registry as expeditiously as possible but in any event within twelve weeks from today i.e., on or before 12.11.2025.

7. Captioned appeal stands disposed of as having been settled out of Court. Consequently, captioned C.M.P. is also closed. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 20.08.2025 Index : Yes/No gya 4/5

M.SUNDAR, J.

AND HEMANT CHANDANGOUDAR, J.

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