Spartek Ceramics India Limited v. Spartek Agencies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.No.13095 of 2025 in Spartek Ceramics India Limited Rep. by its Authorized Signatory Mr.T.Mani having its registered office at No.145, St.Mary's Road Chennai, Tamil Nadu - 600 018.

... Appellant Vs.

M/s.Spartek Agencies A partnership firm, represented by its Partner G.V.Sabarinathan having its registered office at No.2A, 1st Main Road, CIT Colony Mylapore, Chennai-600 004.

.. Respondent Appeal filed under Section 13(1-A) of the Commercial Courts Act read with Section 96 of CPC praying to set aside the judgment and decree dated 20.02.2025 passed in C.O.S.No.496 of 2022 on the file of the District Judges, Additional Commercial Court, Egmore, Chennai by allowing this appeal.

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For Appellant :

Mr.Anupam Raghuraman For Respondent :

Ms.N.Lakshmi Priya representing Mr.A.Palaniappan *****

JUDGMENT

(JUDGMENT of the Court was delivered by M.SUNDAR, J.) Mr.M.Anupam Raghuraman, learned counsel on record for appellant and Ms.N.Lakshmi Priya, learned counsel representing Mr.A.Palaniappan, counsel on record for lone respondent are before us.

2. To be noted, captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

3. Both the afore-referred learned counsel submit in one voice in unison that the matter has been settled and a joint memorandum of compromise dated 19.08.2025 along with photocopy of demand draft dated 19.08.2025 have been placed before us and scanned reproduction of the same are as follows:

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Joint Memorandum of Compromise dated 19.08.2025: 3/8

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Demand Draft dated 19.08.2025 :

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4. On the side of appellant / defendant, Mr.T.Mani, Son of B.V.Thasulu, residing at No.15/6, Navil Homes, Perumal Nagar 1st Street, Nanganallur, Chennai-61, who has verified the pleadings is present in Court and he confirms the settlement. A scanned reproduction of copy of AADHAAR Card of Mr.T.Mani is as follows: 6/8

5. As regards respondent, Ms.N.Lakshmi Priya, learned counsel submits that the Partner concerned is senior citizen and requests for his presence to be dispensed with. Request acceded to.

6. Both sides request for a decree in terms of aforesaid joint memorandum of compromise. Request acceded to.

7. Captioned appeal decreed in terms of aforesaid joint memorandum of compromise which shall now form part of the decree. Consequently, connected civil miscellaneous petition is closed. There shall be no order as to costs.

(M.S.,J.) (M.S.K.,J.) 11.09.2025 mk Speaking / Non-speaking order Index : Yes / No 7/8

M.SUNDAR.J., and MUMMINENI SUDHEER KUMAR, J., mk 11.09.2025 8/8