M/S.Kandavel Murugan Finance v. Sri Saravana Investments

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.26313 of 2019 1.M/s.Kandavel Murugan Finance, a registered Partnership Firm, Rep. by its Managing Partner, K.Ravikumar, S/o.Kandasamy, Elur Main Road, Periamanali Post, Tiruchengode Taluk, Namakkal District.

2.K.Ravi Kumar ... Defendants 1 & 2 /Appellants Vs.

1.Sri Saravana Investments, Periamanali, a registered Partnership Firm having office at Periamanali.

Rep. by its partner, K.Varudaraju, 3/48, West street, Kokkalai & Post, Vaiyappamalai (Via), Tiruchengode Taluk, Namakkal District.

... Plaintiff / 1st respondent 2.C.Periasamy 3.K.Duraisamy

4.C.Velusamy 5.P.Vijayakumar 6.P.Senthil Kumar 7.M.Lakshmanan 8.K.Shanmugam 9.P.Kaliannan ... Defendants 3 to 10 / Respondents 2 to 9 Prayer: Appeal Suit is filed under Section 13(1) of the Commercial Courts Act, 2018, to set aside the Judgment and Decree dated 25.04.2019 passed in O.S.No.294 of 2018 on the file of the Commercial Court-cum-Principal District Judge, Namakkal.

For Appellant : Ms.J.T.Ajitha For Mr.Govi Ganesan For R1 : Mr.N.Manokaran For R2 to R9 : No appearance

J U D G M E N T

The learned counsel for the appellant made a submission that the Suit was instituted for recovery of money based on the promissory note and the issues between the Appellant and the Respondents had already been settled out of Court. In view of the said settlement, the learned counsel for the appellant has chosen to withdraw this Appeal Suit. Thus, the appellant is permitted to withdraw the Appeal Suit.

2. Accordingly, the Appeal Suit in A.S.No.838 of 2019 stands dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petition is closed.

21.02.2023 skr Index : Yes To The Commercial Court-cum-Principal District Judge, Namakkal.

Note: The Registry, High Court is directed to refund the Court fee as admissible under the Rules in force.

S.M.SUBRAMANIAM, J.

skr 21.02.2023