Disposed¶33

Rajesh Patel v. White Srl Unipersonale

Madras HC25 Feb 2025OSA(CAD)/146/2024

Case brief

AI extract

What is this about?

OSA(CAD) No.146 of 2024, Madras High Court, 25.02.2025; Rajesh Patel (Pats Impex) v White SRL Unipersonale; appeal under S.13 Commercial Courts Act 2015 / Order XXXVI Rule 1 Madras HC O.S. Rules against decree dated 11.07.2023 in C.S.(Comm.) No.201 of 2020; decree satisfied on payment of Rs.55 lakhs (conditional order 17.12.2024; compliance memo 24.02.2025); Registrar General to return deposited title documents within one week; attachment vacated; appeal disposed, no costs; bench K.R.Shriram C.J. & Mohammed Shaffiq J.

What did the court decide?

Decree recorded as satisfied following payment of Rs.55 lakhs; Registrar General directed to return the title documents deposited by the appellant within one week; attachment on the property vacated; appeal disposed of with no order as to costs; interim application closed. ¶33

Rajesh Patel Vs White Srl Unipersonale — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, upon payment of the entire amount of Rs.55 lakhs recorded in the conditional order dated 17.12.2024, the appeal could be disposed of with the decree recorded as satisfied and consequential directions issued regarding the deposited title documents and attachment.

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Court's answer

In view of the appellant having paid the entire amount of Rs.55 lakhs recorded in the conditional order dated 17.12.2024, the Court ordered that the decree be recorded as satisfied.

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Ratio / Principle

Since the amount had been paid and the respondent raised no objection, the Registrar General was directed to return all title documents of the property deposited by the appellant back to the appellant within one week of receiving a copy of the order.

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Key takeaways

In consequence of the return of the title documents, the attachment order on the said property stands vacated.ratio¶31-32
The appeal was disposed of with no order as to costs, and consequently the interim application (CMP No.26718 of 2024) stands closed.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (Commercial Appellate Division), OSA(CAD) No.146 of 2024 & CMP No.26718 of 2024, decided 25.02.2025 (K.R.Shriram, C.J. and Mohammed Shaffiq, J.; judgment delivered by the Chief Justice). Appeal under Section 13 of the Commercial Courts Act, 2015 read with Order XXXVI Rule 1 of Madras High Court O.S. Rules against the judgment and decree dated 11.07.2023 in C.S.(Comm.) No.201 of 2020. Counsel recorded that the appellant had paid the entire amount of Rs.55 lakhs recorded in the conditional order dated 17.12.2024, with a memo of compliance dated 24.02.2025 on file. The Court accordingly recorded the decree as satisfied, directed the Registrar General to return the title documents deposited by the appellant within one week of receiving a copy of the order, vacated the attachment on that property, and disposed of the appeal with no order as to costs, closing the interim application.

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OSA (CAD) No.146 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.02.2025

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CORAM

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

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OSA(CAD) No.146 of 2024 and CMP No.26718 of 2024

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Rajesh Patel Trading as Pats Impex, Old No.61, New No.32, Perianna Maistry Street Periamet, Chennai 600 003, Also at Flat No.C 17 III Floor, Krishna Vilas, New Door No.6, Police Commissioner Office Road, Egmore, Chennai 600008.

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Appellant

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White SRL Unipersonale Via Cozza Pilon 10/B, 36070 Castelgomberto (VI), Italy, Rep by its Chief Executive Officer Mr.Giampaolo Benetti

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Respondent

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Prayer: Appeal filed under Section 13 of the Commercial Courts Act, 2015, read with Order XXXVI Rule 1 of Madras High Court O.S. Rules against the Judgment and Decree dated 11.07.2023 delivered in C.S.(Comm.) No.201 of 2020 on the file of original side of this Court.

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Page 1 of 4

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

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OSA (CAD) No.146 of 2024

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For Appellant : Mr.M.L.Joseph for M/s.Chennai Law Associates

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For Respondents : Mr.S.Diwakar for Mr.Rajesh Ramanathan

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JUDGMENT

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(Judgment of the Court was delivered by the Hon'ble Chief Justice)

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Sri.Joseph states that the entire amount of Rs.55 lakhs, as recorded in the conditional order dated 17.12.2024, has been paid. Mr.Diwakar agrees. There is also a memo of compliance dated 24.02.2025 filed by appellant.

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In view of the amount paid, Sri.Diwakar states the Court can record that the decree has been satisfied.

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Ordered accordingly.

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Sri.Diwakar further states that since the amount has been paid,

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Page 2 of 4

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

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OSA (CAD) No.146 of 2024

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respondent has no objection if the Registrar General hands over all the title documents of the property deposited by appellant back to appellant. The Registrar General is directed to return the documents submitted by appellant within one week of receiving a copy of this order.

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