An appeal under Section 96 CPC was dismissed as withdrawn after parties executed a Memorandum of Compromise settling the underlying dispute outside court.
Appeal dismissed as withdrawn; refund of court fee directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE C.SARAVANAN
A.S.No.158 of 2017
Rana Sugars Limited, (A Joint Venture of Punjab Agro Industries Corporation Limited) represented by its Managing Director, Village Buttar Seviyan, P.O. Sathiala 143 205. Tehsil Baba Bakala, District Amritsar, State of Punjab. ... Appellant/Defendant Vs.
M/s.Bharat Heavy Electricals Limited, Bioler Auxiliaries Plant, Indira Gandhi Industrial Complex, Ranipet - 632 406. Having its registered office at BHEL House, Siri Fort, New Delhi.
by its General Manager (in-charge) .. Respondent/Plaintiff
Prayer: First Appeal filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 29.11.2016 passed in O.S.No.2 of 2012 on the file of II Additional District and Sessions Court, Vellore at Ranipet.
For Appellant : Mr.V.Lakshmi Narayanan For Respondent : Ms.P.Veena Suresh
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
[Heard through Video Conference]
This appeal arises against the judgment and decree dated 29.11.2016 passed in O.S.No.2 of 2012 on the file of II Additional District and Sessions Court, Vellore at Ranipet.
' MEMORANDUM OF COMPROMISE (Under Section 89 read with Order 23 Rule 1 of the Code of Civil Procedure, 1908)
The parties above named state as follows :-
That appeal arises out of the judgment and decree in O.S.2 of 2012 dated 29.11.2016 on the file of the II Additional District and Sessions Court, Vellore at Ranipet filed by the respondent herein for recovery of Rs.1,03,81,251.00.
That the appellant had filed an application for stay of execution of the decree in C.M.P.25562/2019 and the matter was listed before this Hon'ble Court on 6th of February, 2020. That this Hon'ble Court was pleased to dispose off the stay petition imposing a condition on the appellant and also granting 6 weeks' time for the parties to settle the issue in the appeal or to proceed with the appeal,
And whereas, pursuant to the suggestion made by this Hon'ble Court, the representatives of the appellant and the respondent, namely, Mr.S.Sridhar, Sr.DGM (HR - Law and CPIO), BHEL and Mr.Sanjeev Sharma, Deputy Manager (legal), met and have amicably settled the matter on 04.02.2020, this deed of compromise witnesseth as follows:-
between the parties.
the present appeal is dismissed as withdrawn. No costs. Registry is directed to refund the Court fee as per rules. Sd/-
Assistant Registrar
//True Copy// Sub Assistant Registrar
gm To
1.The II Additional District and Sessions judge, Vellore at Ranipet.
2.The Section Officer,
V.R. Section, High Court, Madras-104.
Copy to
The Sub Assistant Registrar, A.E. Section, High court, Madras.
+1 cc to M/s.P.Veena Suresh, Advocate Sr.No. 26831 +1 cc to M/s.V.Raghavachari, Advocate Sr.No. 27119
A.S.No.158 of 2017
KK(CO)
RMP(29/09/2020)
2 provisions across 1 enactments
Rana Sugars Limited
M/s.Bharat Heavy Electricals Limited
R.SUBBIAH
C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
