Mrf Limited v. Sumit Gumber

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI MRF Limited Rep. by its Dy. Manager - Sales Operations Mr.Jagadeesan M.P., 114, Greams Road Chennai-600 006.

... Appellant Vs.

Mr.Sumit Gumber S/o.Mr.Krishna Gumber Sole Proprietor M/s.Shiva Tyres Chandigarh Road, Narayanagarh Chowk Balde Nagar, Ambala City Haryana - 134 007.

.. Respondent Appeal filed under Section 13 of Commercial Courts Act, 2015 read with Section 96 of the Civil Procedure Code, praying to set aside the judgment and decree dated 09.11.2022 made in C.O.S.No.664 of 2022 on Page Nos.1/4

the file of the Commercial Court, Chennai and dismiss the suit. For Appellant :

Mr.M.Vijayan M/s.King and Partridge (Law Firm) *****

J U D G M E N T

[Judgment of the Court was made by M.SUNDAR, J.,] Matter mentioned at half past ten.

2. Mr.M.Vijayan, learned counsel of M/s.King and Partridge (Law Firm) submits that the captioned matter has been settled out of Court, saying so learned counsel sought leave of this Court to withdraw the captioned appeal. Learned counsel has made an endorsement in this regard in the case file and a scanned reproduction of the same is as follows:

3. Adverting to the aforementioned endorsement, learned counsel Page Nos.2/4

requested for refund of Court fee.

4. In the light of Section 69-A of 'Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)' (hereinafter 'TN Court Fees Act' for the sake of brevity) and judgment of Hon'ble Supreme Court in M.C.Subramaniam's case {The High Court of Judicature at Madras rep. By its Registrar General Vs. M.C.Subramaniam and Others reported in (2021) 3 SCC 560} refund of Court fee as per the obtaining procedure is ordered. Refund of Court fee shall be by way of an instrument drawn in favour of appellant. Refund proceedings shall be completed by Registry within six weeks from today i.e., by 17.10.2024 subject only to Statutory deductions, if any and learned counsel for appellant adhering to all the procedural requirements.

Captioned appeal is disposed of as withdrawn / closed with the above directives regarding refund of Court fee. There shall be no order as to costs. (M.S.,J.) (K.G.T.,J.) 29.08.2024 Index : Yes / No Speaking / Non-speaking Page Nos.3/4

mk M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk To The Commercial Court, Egmore, Chennai.

29.08.2024 Page Nos.4/4