Bharathi Co-Operative Spinnin v. M/S.Manavat Traders, Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR in M.P.(MD)No.1 of 2015 and A.S(MD)Nos.300 and 314 of 2008 and M.P.(MD)Nos.1 and 1 of 2008 Bharathi Co-operative Spinning Mils Limited Rep. By its Administrator Post Bag No.1, Vilathikulam road, Ettaiyapuram 628 902.

... Appellant/Defendant in A.S.(MD)No.60/2015 Vs.

M/s.Manavat Traders Rep. By its Manager cum Power of attorney A.N.Ayyappan Coimbatore 641 011.

... Respondent/Plaintiff in A.S.(MD)No.60/2015 M/s.Shri Selvalakshmi Cotton Corporation Rep. By its Partner A.N.Ayyapan Coimbatore 641 011.

... Respondent/Plaintiff in A.S.(MD)No.300/2008 M/s.Shri Ragavendra Traders Rep. By its Partner R.M.Muthu Coimbatore 641 044.

... Respondent/Plaintiff in A.S.(MD)No.314/2008 COMMON PRAYER: Appeal Suits filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 05.01.2008 made in O.S.Nos.42, 49 and 48 of 2005 respectively on the file of the Additional District Court / Fast Track Court No.2, Tuticorin. For Appellant : Ms.K.Hemakarthikeyan (In all .A.Ss) For Respondent : Mr.P.Thiagarajan (In all A.Ss) 1/3

COMMON JUDGMENT These Appeal Suits have been filed against the judgment and decree dated 05.01.2008 made in O.S.Nos.42, 49 and 48 of 2005, respectively on the file of the Additional District Court / Fast Track Court No.2, Tuticorin.

2. It is represented by both sides that the parties have settled their disputes among themselves and they have entered into a "Compromise Memo", dated 19.01.2021, which has been duly signed by both the parties and their respective counsel. A copy of the same has also been placed before this Court.

3. Recording the same, these Appeal suits are disposed of in terms of the Compromise Memo, dated 19.01.2021 entered into between the parties and the said Joint Compromise Memo, dated 19.01.2021, shall form part of this Judgment. No costs. Consequently, connected miscellaneous petitions are also closed.

4. It is represented by the learned counsel appearing for the appellant that this Court, on 07.11.2008, while granting stay in A.S.(MD)No.300 of 2008, directed the appellant to deposit 25% of the decree amount before the trial Court and accordingly, the appellant herein had deposited a sum of Rs.2,60,518/- (Two Lakhs Sixty Thousand Five Hundred and Eighteen only) before the trial Court. Hence, the appellant may be permitted to withdraw the said amount.

5. In view of the submissions, the appellant is permitted to withdraw the amount, which is lying in the deposit to the credit of O.S.No.49 of 2005. The Registry is directed to refund the Court fee, as per law, since the matter is settled out of Court.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.TheAdditional District Court / Fast Track Court No.2, Tuticorin. 2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai(2 COPIES). COPY TO The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.P.THIYAGARAJAN, Advocate ( SR-1917[F] dated 22/01/2021 ) in M.P.(MD)No.1 of 2015 and A.S(MD)Nos.300 and 314 of 2008 and M.P.(MD)Nos.1 and 1 of 2008 20.01.2021 SGS(CO) TR(16.02.2021) 3P 6C 3/3