M/S Abco Leathers Internaitonal Pvt.Ltd., v. M/S Classy Leather Company,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and A.No.4219 of 2021 in M/s.ABCO Leathers International Pvt. Ltd., Rep. by its Aurhotized Representative Mr.K.Syed Mohammed Bilal No.702/2, M.B.T. Road Cross Ranipet - 632 401.
.. Plaintiff Vs.
1.
M/s.Classy Leather Company Represented by its Partner No.36, Covelong Muhu Street Periamet, Chennai-600 003.
2.
Mr.Timiri Mohammed Haneef Partner M/s.Classy Leather Company No.36, Covelong Muhu Street Periamet, Chennai-600 003.
3.
Mr.Timiri Mohammed Asif Partner M/s.Classy Leather Company No.36, Covelong Muhu Street Page Nos.1/12
Periamet, Chennai-600 003.
4.
Mr.Timiri Mohammed Haneef Mohameed Ibrahim Partner M/s.Classy Leather Company No.36, Covelong Muhu Street Periamet, Chennai-600 003.
.. Defendants This Civil Suit is preferred, under Section 7 of Commercial Courts Act, 2015, Order IV Rule 1 of Original Side Rules read with Order VII, Rule 1 of Civil Procedure Code, praying (a) Directing all the defendants to pay to the plaintiff to a sum of Rs.1,14,01,946/- from the date of the plaint and future interest @ 24% per annum till the date of realization;
(b) Directing the defendant to pay the cost of this suit to the plaintiff;
For Plaintiff :
Mr.R.Abhinandan For Defendants :
Mr.A.Palaniappan
J U D G M E N T
Captioned suit and captioned application have been listed under the cause list caption 'FOR RECORDING MEMO OF COMPROMISE'.
2. This judgment / decree and order will dispose of the captioned suit and application.
3. In this judgment, parties shall be referred to by their respective Page Nos.2/12
ranks in the main suit for the sake of convenience and clarity.
4. Mr.R.Abhinandan, learned counsel on record for sole plaintiff and Mr.A.Palaniappan, learned counsel on record for all four defendants are before this Commercial Division.
5. Hon'ble predecessor Judge in and by proceedings made in the previous listing on 27.06.2022 had referred the captioned matter to 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' [hereinafter 'TNMCC' for the sake of brevity] and the same reads as follows:
'Both parties state that efforts are being made for a revised settlement by re-visiting the schedule of payments. It is also requested that the matter be posted before the Mediation Centre annexed to this Court for such purpose. List the matter before the Mediation Centre. Since this is the second round of Mediation, the same Mediator may be requested to take up the Mediation.
2. List the matter before this Court upon receipt of the report from the Mediation Centre.'
6. Pursuant to the aforementioned proceedings made by Hon'ble predecessor Judge, TNMCC has conducted mediation and sent a mediation report dated 29.09.2022. The mediation report and enclosed 'memorandum of compromise dated 29.09.2022' [hereinafter 'said MOC' Page Nos.3/12
for the sake of convenience and clarity] together with docket and letter dated 20.10.2022 under cover of which the same has been sent to this Commercial Division are as follows:
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7. Adverting to said MOC, learned counsel on both sides request for dispensing with the presence of parties before this Commercial Division for recording memo of compromise. Considering the facts and circumstances of the case and taking into account the fact that said MOC has been signed in the presence of each other before TNMCC, this request is acceded to.
8. Aforementioned two learned counsel request for a compromise decree in terms of said MOC. Request acceded to.
9. Captioned main suit decreed in terms of said MOC which shall form part of judgment / decree. Captioned application disposed of as closed / unnecessary. There shall be no order as to costs. 28.10.2022 Index : Yes/No Speaking/Non-speaking order mk Page Nos.11/12
M.SUNDAR, J.
mk and A.No.4219 of 2021 in 28.10.2022 Page Nos.12/12