This order records a compromise between appellants and respondent in an appeal against a money decree. The court directs the return of the deposit made by appellants and disposes of the appeal suit.
Withdrawal of the sum of Rs.15,40,925/- along with accrued interest to the respondent.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2022
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
A.S.NO.198 OF 2009
PRAYER:
Appeal filed under Section 96 of CPC to set aside the judgment and decree dated 30.09.2005 in O.S.No.7 of 2005 on the file of the Fast Track Court, Namakkal.
For Appellants : Mr.Rahul Balaji
For Respondent : Mr.C.Jagadish
J U D G M E N T
Against the money decree passed by the trial court, this appeal has been preferred by the defendants.
2.Pending appeal, this Court has directed the appellants/defendants to deposit a sum of Rs.15,40,925/- to the credit of A.S.No.198 of 2009 as a pre-condition for granting interim stay. Accordingly, the appellants have deposited the said amount by way of banker's cheque favouring the Registrar General, High Court, Madras.
3.Mr.Rahul Balaji, learned counsel representing the appellants submits that the parties have settled the dispute amicably out of Court pending appeal and therefore, not interested in pursuing the appeal and also states that the money deposited by the appellants in the appeal account may be permitted to be withdrawn by the respondent/plaintiff and that the clients have instructed that they have no objection for such withdrawal.
4.In view of the above submissions, the compromise between the parties is recorded. As requested by the learned counsel for the respondent, the money deposited in A.S.No.198 of 2009 account along with accrued interest if any, shall be returned to Mr.K.Selvaraj, Proprietor of Latha Enterprises.
Sd/Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
vri To The Additional District Judge, The Additional District Court/ The Fast Track Court, Namakkal. Copy To 1 The Registrar General, High Court, Madras. 2 The Correspondence Seat, Current Section, High Court, Madras-104. 3 The Record Keeper, VR Section, High Court, Madras.
+1cc to Mr.C.Jagadish, Advocate, S.R.No.10996
A.S.No.198 of 2009
MT(CO) PM/17/03/2022
1 issue framed by the court
Whether the appeal should be disposed of upon settlement of dispute between parties out of court.
Hindustan Coca Cola Marketing Company P.Ltd.
Latha Enterprises
DR. JUSTICE G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
