Bharat Petroleum Corporation Ltd v. M.D. Vinayagam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA and C.M.P.No.17493 of 2022 M/s.Bharat Petroleum Corporation Ltd., Rep by its Territory Manager (Retail), Tondiarpet Installation, Office No.35, Vaidhyanathan Street, Tondiarpet, Chennai 600 081 .. Appellant -Vs.-

1. M.D.Vinayagam

2. M/s.V.S.Subramaniya Chetty, Rep by its Partner, Devaprakash .. Respondents PRAYER:

This Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.17 of 2020 dated 05.07.2022 on the file of the I Additional District Judge, Thiruvallur, judgment and decree passed in O.S.No.209 of 2016 dated 19.12.2019 on the file of the Subordinate Judge, Poonamallee and praying to set aside the same and dismiss the suit.

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For Appellant : Mr.V.Anantha Natarajan For Respondent-1 : M/s.C.Devi /Caveator

JUDGMENT

When the matter is taken up for hearing today, the learned counsel for the appellant informed the Court that the petrol bunk has been dismantled and all the machineries belonging to the appellant were taken by them. They have also paid a sum of Rs.25,45,155/-, which is the amount less the TDS for the total arrears of Rs.28,27,950/- as per the decree amount. The possession has also been taken over by the plaintiff through Court. 2.

In the light of the above, nothing survives for consideration in this Second Appeal. The appeal is therefore disposed of recording the above fact. No costs. Consequently, connected miscellaneous petition is closed. 09.11.2022 srn 2/4

To

1. The I Additional District Judge, Thiruvallur

2. The Subordinate Judge, Poonamallee

3. The Section Officer, V.R.Section, High Court, Madras 3/4

P.T.ASHA, J., srn and C.M.P.No.17493 of 2022 09.11.2022 4/4