Madras High Court
APPEAL(CAD)/39/2025 of KUMAR Vs SANGETHA TRADERS on 9 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
APPEAL(CAD) No. 39 of 2025 and CMP.No.17721 of 2026
CNR: {HCMA011285342025}
Kumar
Proprietor, M/s Sri Venkateshwara Packaging, No.110, Ennore High Road, Carnation Nagar, Chennai 600 021
..Petitioner(s)
Vs
Sangetha Traders
Represented by its Partner, Mr.Santhosh Kumar Lath, B-10/305, Mahadevan Apartments, T.T.K.Road, Alwarpet, Chennai 600 018
..Respondent(s)
Appeal has been filed under Section 96 of CPC read with Section 13 of Commercial Courts Act, 2015 to call for the records in COS.No. 586 of 2022 on the file of Commercial Court at Egmore, Chennai and set aside the Judgement and Decree Dated 20.03.2025
For Petitioner(s):
Mr.Ramesh Kumar G.Chopda
For Respondent(s):
Mr.Aravindh Subramaniam, Senior Counsel
for Mr.B.Manoj
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JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.) The learned counsel for the either side submitted that the appellant and respondent have entered into a compromise setting the disputes between them and seeks that this appeal may be dismissed as withdrawn as settled out of
Court. In this regard, they have memo of compliance, wherein, it is stated the appellant has paid a sum of Rs.7,00,000/- as one time settlement through Demand Draft bearing No.522799 and the same has been encashed by the decree holder/respondent. The said memo of compliance is taken on record. Since the parties have entered into compromise and the amount is also encashed, this Court is of the view that nothing survives in the execution petition filed by the decree holder in EP.No.45/2025 pending on the file of the Additional Commercial Court, Egmore.
3. Accordingly, this appeal is dismissed as settled out of court. The said joint memo of compliance shall form part of the decree. Since the matter is settled out of Court between the parties, the Registry is directed to refund the court fees as per rules. No costs. Consequently, connected miscellaneous petitions stand closed. (N.S.K.,J.) (G.K.M.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dhk
N.SATHISH KUMAR, J. AND GK.MUTHUKUMAAR, J. dhk APPEAL(CAD) No. 39 of 2025 09-10-2026