M/S.Thangam Wines v. M/S.Vijayasarathy Sale Corporation

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September, 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Members Mr.J.Justin David, District Judge (Retd.) Mr.R.Surya Kumar, Advocate S.A.No.986 of 2019 (Second Appeal is filed under Section 100 of the Civil Procedure Code, challenging the judgment and decree dated 10.04.2019 passed in A.S.No.63 of 2018 on the file of the II-Additional District Judge, Puducherry confirming the judgment and decree dated 28.06.2018 in O.S.No.134 of 2015 on the file of the Principal Sub-Judge at Puducherry.) M/s.Thangam Wines, Licence No.FL/2 - No.15, Carrying on business at R.S.Nos.88/11 & 88/12, Cuddalore Main Road, Kirumampakkam, Puducherry Represented by its License-cum-Proprietor, Mr.M.C.Thangavelan, S/o.R.A.Chinnappa Mudaliar Aged about 70 years, No.135, Saint Threse Street (Upstairs) Puducherry - 605 001.

... Appellant Vs.

1.M/s.Vijayasarathy Sale Corporation Represented by its Partner 1.P.Chandralekha 2.R.A.Jeyakumari through their Power of Attorney Jayaram

...Respondents

This case came up for settlement before the National Lok Adalat, at the instance of the learned counsel for the appellant. Mr.T.Sai Krishnan, learned counsel appearing for the appellant is present. TERMS OF SETTLEMENT The learned counsel appearing for the appellant would submit that the appeal itself was settled out of Court. He has also made the following endorsement to that effect:

"I respectfully submit that the S.A.No.986 of 2019 was settled out of the Court. I request this Hon'ble Court may be pleased to refund the Court fee to the appellant."

2. In view of the endorsement made by the learned counsel for the appellant, this Second Appeal is dismissed as settled out of Court. No costs. Consequently, connected miscellaneous petitions, if any, are closed. 3.Registry is directed to refund the Court fee paid to the appellant.

M/s.Thangam Wines, Licence No.FL/2 - No.15, Carrying on business at R.S.Nos.88/11 & 88/12, Kirumampakkam, Puducherry Represented by its License-cum-Proprietor, Mr.M.C.Thangavelan, S/o.R.A.Chinnappa Mudaliar Aged about 70 years, No.35, Saint Threse Street (Upstairs) Puducherry - 605 001.

Counsel for the Appellant This Lok Adalat Award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:The parties/Advocate concerned Copy to:

1.The II-Additional District Court, Puducherry.

2.The Principal Sub-Court, Puducherry.

3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies kkn

A.RAMAMURTHI, J. (Retd.) kkn S.A.No.986 of 2019 14.09.2024