Disposed

M/S. Skale Fitness Unlimtied v. G. Balasubramani

Madras HC3 Oct 2024APPEAL(CAD)/26/2024

Case brief

AI extract

What is this about?

Commercial appeal settled out of court; appellant sought withdrawal with refund of court fee. Court permitted withdrawal, ordered refund under the Tamil Nadu Court-Fees Act read with a Supreme Court decision, to be completed within six weeks subject to statutory deductions.

What did the court decide?

Appeal and CMPs disposed of as closed/withdrawn; refund of court fee ordered per statutory procedure within six weeks.

M/S. Skale Fitness Unlimtied Vs G. Balasubramani — Civil Procedure and Limitation | Madras HC (2024)

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Appeal(CAD)No.26 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.10.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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and

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THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN

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THILAKAVADI

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Appeal(CAD)No.26 of 2024 and C.M.P.Nos.14231 & 14233 of 2024 in Appeal(CAD)No.26 of 2024

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M/s.Skale Fitness Unlimited

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Proprietor of M/s.P.S.Annapoorani No.14/41, Jawahar Nagar, 1st Main Road Chennai-600 082.

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... Appellant

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Vs.

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Mr.G.Balasubramani S/o.Loganathan .. Respondent

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Original Side Appeal filed under Section 13(1) of the Commercial Courts Act, 2015, praying to set aside the judgment and decree dated 21.11.2023 in C.O.S.No.104 of 2023 passed by the Commercial Court, Chennai.

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For Appellant : Mr.B.Bala Murugan

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Page Nos.1/6

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https://www.mhc.tn.gov.in/judis

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Appeal(CAD)No.26 of 2024

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J U D G M E N T

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[Judgment of the Court was made by M.SUNDAR, J.,]

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Mr.B.Bala Murugan, learned counsel on record for appellant submits that the captioned appeal has been settled out of Court and he has instructions from appellant to withdraw the captioned appeal. Saying so, learned counsel has made endorsements in the case file and scanned reproduction of the same are as follows:

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Endorsement in Appeal(CAD)No.26 of 2024:

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Page Nos.2/6

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https://www.mhc.tn.gov.in/judis

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Appeal(CAD)No.26 of 2024

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Endorsement in C.M.P.No.14231 of 2024:

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Endorsement in C.M.P.No.14233 of 2024:

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Learned counsel for appellant requests for refund of Court fee.

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In the light of Sections 69 and 69-A of 'Tamil Nadu Court-Fees

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and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)' (hereinafter Page Nos.3/6

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https://www.mhc.tn.gov.in/judis

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Appeal(CAD)No.26 of 2024

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'TN Court Fees Act' for the sake of brevity) and judgment of Hon'ble Supreme Court in M.C.Subramaniam's case { The High Court of Judicature at Madras rep. By its Registrar General Vs. M.C.Subramaniam

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and Others reported in (2021) 3 SCC 560 } refund of Court fee as per the obtaining procedure is ordered. Refund of Court fee shall be by way of an instrument drawn in favour of appellant. Refund proceedings shall be completed by Registry within six weeks from today i.e., by 14.11.2024 subject only to Statutory deductions, if any and learned counsel for appellant adhering to all the procedural requirements.

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