C.Murali Kannan v. N.Sathish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM

THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI 1.

C. Murali Kannan 2.

M. Srinivasan 3.

B. Ramachandran ..Appellants Vs.

Mr.N. Sathish ..Respondent Prayer:

Original Side Appeal under Section 13 of the Commercial Courts, Commercial Division & Commercial Appellate Division of High 1/11

Courts Acts, 2016, read with Order XLIII Rule 1 of CPC as against the order dated 18.11.2019 passed in C.S. (Comm. Div.) of 73 of 2017 on the file of Commercial Division of this Court.

For Appellants ::

Ms. Gladys Daniel and Ms. J. Vennila For Respondent ::

Mr.R. Sathishkumar and Mr. N.R. Srinath

J U D G M E N T

(Judgment delivered by M. SUNDAR,J.) This consent order will now dispose of captioned 'Original Side Appeal' ('O.S.A.' for the sake of brevity) and captioned 'Civil Miscellaneous Petition' ('C.M.P.' for the sake of brevity) thereat. 2.

This consent order has to be read in conjunction with and in continuation of the earlier proceedings made in the previous listing on 11.06.2024, which reads as follows:

'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 03.06.2024 which reads 2/11

as follows:

M. SUNDAR,J.

and K. GOVINDARAJAN THILAKAVADI,J.

Ms.V. Revathy, learned counsel for appellants and Mr.R. Sathish Kumar, learned counsel for respondent are before us.

2.

Adverting to earlier proceedings dated 04.03.2020 made by a Hon'ble predecessor Bench, both learned counsel submit that mediation was underway. Though no formal settlement was drawn up, both learned counsel submit that there is a possibility of giving a closure to the matter.

List under the cause list caption 'FOR REPORTING SETTLEMENT' on 11.06.2024.'

2.

Ms.J. Vennila, learned counsel representing counsel on record for appellant and Mr.R. Sathish Kumar, learned counsel on record for respondent are before us.

3.

Adverting to earlier proceedings, Ms.J. Vennila, larned counsel requests for listing one week hence citing procedural difficulties. Request acceded to.

4.

List under the same cause list caption i.e., 'FOR REPORTING SETTLEMENT' one week hence. List on 18.06.2024.' 3/11

3.

Today, Ms. Gladys Daniel, learned counsel along with Ms. J. Vennila, learned counsel for the three appellants and Mr.R. Sathishkumar, learned counsel along with Mr.N.R. Srinath, learned counsel for sole respondent are before us.

4.

Adverting to aforementioned earlier proceedings dated 11.06.2024, learned counsel on both sides submit that appellants have since given an undertaking by way of affidavit dated 14.06.2024 and the same is placed before us. A scanned reproduction of affidavit of undertaking dated 14.06.2024 with docket is as hereunder:

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5.

To be noted, before we proceed further, we deem it appropriate to write that the aforementioned earlier proceedings dated 11.06.2024 shall now be read as an integral part and parcel of this consent order. 6.

Be that as it may, on instructions, Ms.Gladys Daniel, learned counsel for appellants, adverting to paragraph No.5 of the aforementioned affidavit submitted that appellants are using 'MSR' only for their products and this axiomatically means that appellants will not use 'MSR SIVA', which is subject matter of captioned litigation. This submission made on instructions is recorded.

7.

Learned counsel on both sides submit that captioned O.S.A. and captioned C.M.P. thereat can be given a quietus by recording the aforementioned affidavit dated 14.06.2024.

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M. SUNDAR,J.

AND K. GOVINDARAJAN THILAKAVADI,J.

nv 8.

Considering the facts and circumstances of the case and the nature of the matter, we find that this common request deserves to be acceded to.

9.

Recording the aforementioned undertaking and the aforesaid submission made by the learned counsel for appellants, captioned O.S.A. and captioned C.M.P. thereat are disposed of as closed making it clear that the parties will now stand governed inter alia by the contents of aforementioned 14.06.2024 affidavit and statement of learned counsel for appellants made at the Bar which has been recorded. There shall be no order as to costs.

(M.S.J.) (K.G.T.J.) nv 18.06.2024 11/11