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Madras High CourtAS/669/2014dismissed

M/S.Thirumurugan Stores v. Tamil Nadu Co-Operative Sugar

2025-11-28Honourable Mr.Justice R.Sakthivel8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28/11/2025 CORAM :

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL A.S.NO.669 OF 2014 AND M.P.NO.1 OF 2014 AND C.M.P.NO.17389 OF 2023 M/s.Thirumurugan Stores, CPR-4, Water Tank Road, M.M.D.A.Colony, Chennai - 600 106.

... Appellant/1st Defendant

Versus

1.Tamil Nadu Co-operative Sugar Federation Limited, Represented by its Special Officer, No.690, Anna Salai, Chennai - 600 035.

...1st Respondent/Plaintiff 2.Thiruvalargal Ayyappa and Co.

No.12, Chinna Thambi Street, Sowcarpet, Chennai - 600 079.

...2nd Respondent/2nd Defendant PRAYER: First Appeal filed under Section 96 read with Order XLI Rule 1 of Code of Civil Procedure, 1908 praying to set aside the Judgment and Page No.1 of 8

Decree dated August 07, 2013 made in O.S.No.9552 of 2010 on the file of the VI Additional Judge City Civil Court, Chennai. For Appellant :

Mr.V.G.Suresh Kumar For Respondent-1 :

Mr.M.Krishna Kumar For Respondent-2 :

Served - No appearance

J U D G M E N T

The 1st Defendant in O.S.No.9552 of 2010 on the file of the VI Additional Judge City Civil Court, Chennai, has preferred this Appeal Suit in A.S.No.669 of 2014. When the Appeal Suit came up before this Court on July 02, 2025, at request of both parties, this Court referred the matter to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2.In the Mediation Centre, both parties have arrived at a Mediation Agreement. This Court has received the Mediation Agreement dated October 24, 2025.

3.Paragraph Nos.5 & 6 of the Mediation Agreement dated October Page No.2 of 8

24, 2025 reads thus:

"5.The following settlement has been arrived at between the parties herein that in consideration for this settlement that:- (i).Thirumurugan Stores has already deposited a sum of Rs.7,00,000/- (Rupees Seven Lakhs only), to the credit of O.S.No.9552 of 2010 on the file of the VI Additional City Civil Court, Chennai. Thirumurugan Stores agrees and permits Tamil Nadu Co-operative Sugar Federation Limited to withdraw the said sum, along with interest accrued thereon.

(ii).Thirumurugan Stores agrees to pay a further sum of Rs.7,50,000/- (Rupees Six Lakhs only) to Tamil Nadu Co-operative Sugar Federation Limited and same was paid by Thirumurugan Stores to Tamil Nadu Cooperative Sugar Federation Limited as follows: S.No.

Date Payment Mode Amount 1.

02.09.2025 Through INDIAN Bank, RTGS Transfer Ref No.IDIBN52025090206376835 1,00,000 2.

12.09.2025 Through Kotak Bank, RTGS Transfer Ref No.KKBKR52025091200943192 2,50,000 3.

22.09.2025 Through Kotak Bank, RTGS Transfer Ref No.KKBKR52025092200987957 4,00,000 Total amount 7,50,000 Page No.3 of 8

6.By signing this Agreement, the parties hereto state that Tamil Nadu Co-operative Sugar Federation Limited receives the sums, in the manner detailed above, in full and final settlement of its claim against Thirumurugan Stores and both the parties have no further claims or demands what so ever against each other in relation to the subject matter of A.S.No. 699 of 2014 in O.S.No.9552 of 2010 as well as in E.P.No.2579 of 2014 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of aforesaid Mediation."

4.Today (November 28, 2025) when the matter was taken up for hearing, Mr.Viswanathan, Managing Partner of M/s.Thirumurugan Stores, Mr.N.Mani, Administrative Officer attached to the 1st Respondent Organization, Mr.V.G.Suresh Kumar, learned Counsel appearing for the Appellant and Mr.M.Krishna Kumar, learned counsel appearing for the 1st Respondent are before this Court.

5.This Court has read over the terms of the Mediation Agreement dated October 24, 2025.

Page No.4 of 8

6.Both the parties have agreed to the Mediation Agreement dated October 24, 2025 and submitted that the entire amount has been settled. 7.The aforesaid submissions are recorded.

8.The Appeal Suit is dismissed in terms of the Mediation Agreement. The Tamil Nadu Co-operative Sugar Federation Limited, Represented by its Special Officer, Chennai (1st Respondent) is permitted to withdraw Rs.7,00,000/- (Rupees Seven Lakhs only) with accrued interest which is lying in the credit of O.S.No.9552 of 2010 on the file of the VI Additional Judge City Civil Court, Chennai, as per the terms of the Mediation Agreement.

9.Registry is directed to refund the Court Fee paid in this Appeal Suit in view of the judgment of Hon'ble Supreme Court in High Court of Judicature at Madras Rep. By its Registrar General -vsM.C.Subramaniam and Others, reported in 2021 SCC Online SC 109. 10.The Petitioner in E.P.No.2579 of 2014 on the file of the IX Assistant Judge, City Civil Court, Chennai, is permitted to withdraw the same. Considering the facts and circumstances of the case, there shall be no order as to costs. Connected Civil Miscellaneous Petition and Page No.5 of 8

Miscellaneous Petition are closed.

28/11/2025 Index : Yes / No Speaking Order : Yes / No : Yes / No pam Page No.6 of 8

To 1.The VI Additional Judge, City Civil Court, Chennai.

2.The IX Assistant Judge, City Civil Court, Chennai.

3.The Special Officer, Tamil Nadu Co-operative Sugar Federation Limited, No.690, Anna Salai, Chennai - 600 035.

Page No.7 of 8

R. SAKTHIVEL, J.

pam A.S.NO.669 OF 2014 28/11/2025 Page No.8 of 8