M/S.Kora Shoes Pvt Ltd v. The Micro Small Enterprises Facilitation Council

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 22860 of 2023 M/s. Kora Shoes Pvt. Ltd., Represented by Managing Director, Mr. Venkat Ramesh Kora, Door No. 10, Plot No. 41, Chandran Nagar, 1st Cross Street, Chrompet, Chennai - 600 014.

... Petitioner -vs1. The Micro Small Enterprises Facilitation Council, Chennai Region, Rep. by its Chairman/Principal Secretary, Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 028.

2. M/s. VBR Packaging Industries, Represented by Managing Director, Vinoth Kumar G, Plot No. 1, Eradamkattalai Main Road, Puthavedu Village, Kovoor Post, Mangadu (via) Chennai, Kancheepuram - 600 128.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the 1/5

records of the impugned Order bearing No. MSEFC/CR/232/2020 dated 24.12.2021 issued by the First Respondent and to quash the same. For Petitioner :

Ms. P.S.Deepika For Respondents :

Mr. S.Yashwanth, Additional Government Pleader (for R1) Mr. K.Shanmugakani (for R2)

O R D E R

Heard Ms. P.S.Deepika, Learned Counsel for the Petitioner, Mr. S.Yashwanth, Learned Additional Government Pleader appearing for the First Respondent and Mr. K.Shanmugakani, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

It is represented by Learned Counsel for the Petitioner and the Second Respondent that after discussion, an amicable settlement was arrived between the contesting parties, and the terms of compromise have been recorded in the memo dated 03.11.2023, signed by them which reads as follows:- "1.

The Petitioner has agreed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakh only) towards full and final settlement of Order 2/5

of the First Respondent bearing No. MSEFC/CR/232/2020 dated 24.12.2021 to the Second Respondent and which the Second Respondent has agreed to accept the said amount. 2.

The said amount as stated in terms of Clause 1 above, is paid by DD No. 516887 dated 01.11.2023 drawn on M/s. VBR PACKAGING INDUSTRIES by the Petitioner in favour of the Second Respondent paid on 01.11.2023.

3.

The parties hereby confirm that all claims made before the Second Respondent before the First Respondent and as per Order of the First Respondent bearing No. MSEFC/CR/232/2020 dated 24.12.2021 have been settled and that there are no further claims and/or monies that are due from this Petitioner to the Second Respondent.

4.

Both the parties herein have agreed to bear this respective costs of this proceedings.

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It is therefore prayed that this Hon'ble Court may record this Memo of Compromise and close this Writ Petition on the basis of this Memo of Compromise"

In view of the same, nothing remains for further consideration in the Writ Petition.

In fine, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

03.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 01.02.2024.

vjt To The Chairman/Principal Secretary, Micro Small Enterprises Facilitation Council, Chennai Region, Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 600 028.

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P.D. AUDIKESAVALU, J.

vjt 03.11.2023 5/5