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Madras High CourtCRP(MD)/1615/2025disposed of

Alagappa Spinning Mills P Ltd v. Sri Lakshmi Cotton Traders Ltd

2025-08-22Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.8360 of 2025 M/s.Azhagappa Spinning Mills Pvt. Ltd., by its Managing Director, N.Sendaamarai, Nagammai Nagar, Post Box No.18, Rajapalayam - 626 117, Virudhunagar District.

...Petitioner

Vs.

Shri Lakshmi Cotton Traders Ltd., Rep. by its Director, Atul Tricumdas Kapadia, 10, HomiModi Street, Bombay - 23.

Branch Office at Meenalayam 1st Floor, 1/5

30-A, Ramalinga Nagar, 5th Layout 2nd Cross, K.K.Pudur, Coimbatore.

...Respondent

PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, praying to set aside the order dated 27.01.2025 made in E.P.No.301 of 2024 in O.S.No.450 of 1994 on the file of the Sub Court, Rajapalayam by allowing this Civil Revision Petition. For Petitioner : Mr.R.Niresh Kumar For Respondent : Mr.M.Vijayarathinam

O R D E R

This petition has been filed seeking to set aside the order dated 27.01.2025 made in E.P.No.301 of 2024 in O.S.No.450 of 1994, on the file of the Sub Court, Rajapalayam.

2.Learned Counsel for the petitioner would submit that during the pendency of this Civil Revision Petition, the matter was compromised between the parties and a joint memo of compromise was filed, in which the petitioner agreed to pay Rs.32 Lakhs as full quit.

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3.Recording the joint compromise memo filed by the parties, this Court directs the parties to strictly comply with the terms of the compromise memo. Liberty is granted to the respondent to withdraw the amount deposited by the petitioner with interest. Liberty is also granted to the petitioner to sell the machinery in the open market and the petitioner's machineries and properties are free from encumbrance. The suit schedule property is free from all encumbrance in respect of the respondent alone. The joint compromise memo dated 10.08.2025, shall form part of this order. 4.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.08.2025 Internet:Yes/No Index:Yes/No MR Note: Issue a copy of this order on 25.08.2025. 3/5

To 1.The Sub Court, Rajapalayam.

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

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M.DHANDAPANI , J.

MR 22.08.2025 5/5