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Madras High CourtSA(MD)/209/2007withdrawn dismissed

M/S.Eskay Impex v. M/S.Thoothukudi Marine

2025-12-16Honourable Mrs Justice N. Mala4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.12.2025

CORAM:

THE HONOURABLE MRS JUSTICE N. MALA 1.M/s.Eskay Impex Clearing and Forwarding Agent, No.98, Vaju Kotak Marg, Fort, Mumbai - 1 2.M/s Eskay Impex, Clearing and Forwarding Agent, Branch No.2, 4/95, C.G.E.Colony, Thoothukudi ... Appellants/Appellants/Defendants 2 and 3 Vs.

1.M/s.Thoothukudi Marine Movements (Pvt) Limited, No.2/4 D, Ganesh Nagar, 2nd Street, Thoothukudi, Through its Managing Director, Shanthi Ramesh ... 1st Respondent/Plaintiff 2.Abdul Khader .. 2nd Respondent/1st Defendant PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 17.06.2004 made in A.S. No.70 of 2004 on the file of Principal District Judge, Thoothukudi confirming the judgment and decree dated 06.10.2003 made in O.S. No.58 of 2001 on the file of the Sub Court, Thoothukudi.

For Appellants :

Mr.M.P.Senthil For Respondents :

Mr.F.X.Eugene

JUDGMENT

The learned counsel for the appellants has filed a memo stating that the matter has been settled out of court between the parties. In that memo, it is also stated that the appellant instructed the counsel to withdraw the appeal in his mail. The learned counsel has also enclosed the copy of the mail along with the memo.

2. Since the matter has been settled out of Court, the learned counsel for the appellant seeks permission of this Court to withdraw this appeal.

3. In view of the submission and the memo, this Second Appeal is dismissed as withdrawn. No costs.

16.12.2025 Index : Yes/ No Speaking order / Non-speaking order CM

To:

1.The Principal District Judge, Thoothukudi 2.The Sub Court, Thoothukudi.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court Madurai.

N.MALA.J., CM Judgment in 16.12.2025