Eswari Enterprises v. Utkal Steels Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH O.S.A.No.29 of 2016 and C.M.P.No.3072 of 2016

1. Eswari Enterprises P-II, 2nd Cross Street, Turnbulls Road, Nandanam, Chennai 35.

2. Asokan Managing Partner, Eswari Enterprises, Mr.Surendra Agarwal Chennai 35.

... Appellants/Defendants -VsUtkal Steels Limited Rep. By its Managing Director, Rourkela, Orissa.

... Respondent/Plaintiff Appeal filed Under Order 36 Rule 9 of O.S. Rules read with Clause 15 of the Letters Patent against the order dated 19.12.2012 passed in Appln.No.2803 of 2012 on the file of original side of this Court.

For Appellants :

Mr.Srinath Sridevan For Respondents :

Mr.R.Subramaniam

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) It is pointed out to us that there has been subsequent developments in the form of the appellants moving the learned Single Judge to pay a sum of Rs.125 lakhs as lumpsum amount in full and final settlement to the respondent and consequently, the insolvency to be annulled. The amount is acceptable to the respondent as stated by the learned counsel.

https://hcservices.ecourts.gov.in/hcservices/

2.Thus, the only question would be of compliance by the appellants of their own offer which has been made before the learned Single Judge and that matter is likely to be listed shortly.

3.In view of the aforesaid position, there is no question of entertaining the present appeal, which has become infructuous on account of subsequent developments by passage of time. 4.Original Side Appeal is, accordingly, closed. No costs. Consequently, C.M.P.No.3072 of 2016 also stands closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

O.S.A.No.29 of 2016 GJ(CO) CA(08/03/2016) https://hcservices.ecourts.gov.in/hcservices/