In this second appeal, the court dismissed the appeal based on out-of-court representations confirming that the appellant had paid a sum of Rs. 1.75 lakhs in full and final settlement of the dispute, as verified by e-mail communications between the parties.
The second appeal was dismissed. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
S.A.No.1432 of 2011
Swamidurai,
Rep. by his Power of Attorney R.Balakrishnan ..Appellant/1st Respondent/Plaintiff Vs.
Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 29.06.2011 in A.S.No.78 of 2009 on the file of the Additional Sub-Court, Mayiladuthurai, against the judgment and decree dated 28.08.2007 in O.S.No.122 of 2006 on the file of the Additional District Munsif, Mayiladuthurai.
For appellant :No appearance For respondent:Mr.R.S.Varadarajan
for M/s.Ram and Rajan Associates for R-1 No appearance for R-2
JUDGMENT
During the last hearing of this Second Appeal on 03.04.2017 and also on 27.03.2017, it was represented by the learned counsel for the first respondent that the matter is settled between the parties pursuant to the out of Court settlement. It is stated by the learned counsel for the first respondent that the appellant has paid a sum of Rs.1.75 lakhs in full and final settlement. Learned counsel for the first respondent also stated that he has filed the copies of E.mail communications between the parties, wherein, the appellant has stated that he has paid the said amount to the first respondent-Bank, which has
also been duly accepted by the first respondent-Bank. As there is no representation for the appellant even today inspite of the fact that the Second Appeal is listed today under the caption "for dismissal", the Second Appeal is dismissed by recording the above submissions of the learned counsel for the first respondent-Bank. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
cs
Copy to
1. The Additional Subordinate, Mayiladuthurai.
2. The Additional District Munsif, Mayiladuthurai.
3. The Record Keeper, V.R. Section, High Court, Madras.
S.A.No.1432 of 2011
GJII(CO)
EU 17.4.17
1 provisions across 1 enactments
Swamidurai
City Union Bank Ltd.
Ramalinga Raja
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
