Madras High CourtOSA(CAD)/146/2024disposed of

Rajesh Patel v. White Srl Unipersonale

2025-02-25Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ OSA(CAD) No.146 of 2024 and CMP No.26718 of 2024 Rajesh Patel Trading as Pats Impex, Old No.61, New No.32, Perianna Maistry Street Periamet, Chennai 600 003, Also at Flat No.C 17 III Floor, Krishna Vilas, New Door No.6, Police Commissioner Office Road, Egmore, Chennai 600008.

Appellant Vs White SRL Unipersonale Via Cozza Pilon 10/B, 36070 Castelgomberto (VI), Italy, Rep by its Chief Executive Officer Mr.Giampaolo Benetti Respondent Prayer: Appeal filed under Section 13 of the Commercial Courts Act, 2015, read with Order XXXVI Rule 1 of Madras High Court O.S. Rules against the Judgment and Decree dated 11.07.2023 delivered in C.S.(Comm.) No.201 of 2020 on the file of original side of this Court.

For Appellant :

Mr.M.L.Joseph for M/s.Chennai Law Associates For Respondents :

Mr.S.Diwakar for Mr.Rajesh Ramanathan * * * * *

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) Sri.Joseph states that the entire amount of Rs.55 lakhs, as recorded in the conditional order dated 17.12.2024, has been paid. Mr.Diwakar agrees. There is also a memo of compliance dated 24.02.2025 filed by appellant.

2. In view of the amount paid, Sri.Diwakar states the Court can record that the decree has been satisfied.

3. Ordered accordingly.

4. Sri.Diwakar further states that since the amount has been paid,

respondent has no objection if the Registrar General hands over all the title documents of the property deposited by appellant back to appellant. The Registrar General is directed to return the documents submitted by appellant within one week of receiving a copy of this order.

5. In view of the above, the attachment order on the said property of which the title documents are with the Registrar General stands vacated. Appeal is, accordingly, disposed of. There shall be no order as to costs. Consequently, the interim application stands closed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 25.02.2025 sra To 1.The Section Officer, Original Side, Madras High Court, Chennai.

The Hon'ble Chief Justice and Mohammed Shaffiq, J.

(sra) 2.The Registrar General, Madras High Court, Chennai O.S.A. (CAD) No.146 of 2024 25.02.2025