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Madras High Court

M/S. Kaleesuwari Refinery Pvt. Ltd vs M/S. M.K.Agrotech Pvt. Ltd on 5 April, 2023

Author: S.S.Sundar

Bench: S.S.Sundar

                                                                           O.S.A.No.116 of 2016


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 05.04.2023

                                                   CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                     AND

                                    THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                              O.S.A.No.116 of 2016

                    M/s. Kaleesuwari Refinery Pvt. Ltd
                    represented by its Director
                    Mr.K.Ashok Kumar
                    No.53, Rajasekaran street
                    (Opp Kalyani Hospital, Radhakrishnan Salai)
                    Mylapore, Chennai-600 004                                 .. Appellant

                                                      Vs.

                    M/s. M.K.Agrotech Pvt. Ltd
                    represented by its
                    Managing Director Mr.Subhan Khan
                    M B Road, Srirangapatana
                    Madya, Karnataka-571 438
                    having local office at No.105
                    Kumananchavadi, Chennai-600 056
                    (near Kamala Garden, Royal Enfield Showroom)              .. Respondent


                    Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original

                    side Rules read with Clause 15 of the Amended Letters Patent against the



https://www.mhc.tn.gov.in/judis                        1
                                                                               O.S.A.No.116 of 2016


                    order of the learned Single Judge dated 29.02.2016 made in O.A.No.1151

                    of 2015 in C.S.No.858 of 2015.

                                      For Appellant            :    Mr.R.Anish Kumar

                                      For Respondent           :    Ms.Chandini Pradeep Kumar
                                                                            for
                                                                    Ms.Arun C. Mohan

                                                       JUDGMENT

(Judgment of the Court was made by S.S.SUNDAR,J.) This intra Court Original Side Appeal is filed against the judgment and decree of the learned Single Judge passed in O.A.No.1151 of 2015 in C.S.No.858 of 2015.

2. Learned counsel appearing for the appellant states that the parties have entered into a memorandum of compromise and the compromise memo is also being filed in the suit. This Intra Court Appeal is against the interim order passed in the suit in C.S.No.858 of 2015. It is now reported that the suit in C.S.No.858 of 2015 is transferred to XX Additional City Civil Court and renumbered as O.S.No.7688 of 2022. Learned counsel appearing for the appellant submits that a compromise memo is being filed https://www.mhc.tn.gov.in/judis 2 O.S.A.No.116 of 2016 in the Court in which the suit is now transferred and pending.

3. In view of the compromise arrived at between the parties, learned counsel states that nothing survives in the appeal and therefore the appeal may be dismissed as not pressed.

4. Accordingly, recording the statement that the parties have settled the dispute and the suit itself is compromised by signing a compromise memo, this Original Side Appeal is dismissed as not pressed. No costs.

(S.S.S.R.J) & (P.B.B.J) 05.04.2023 Internet: Yes Index:Yes/No To

1.The Sub Assistant Registrar (Original side) High Court, Madras

2.The Section Officer VR Section, High Court, Madras https://www.mhc.tn.gov.in/judis 3 O.S.A.No.116 of 2016 S.S.SUNDAR, J., and P.B.BALAJI,J kpr O.S.A.No.116 of 2016 05.04.2023 https://www.mhc.tn.gov.in/judis 4