2026 Supreme(Online)(Mad) 17298
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K.Kumaresh Babu, JJ
M/s. Sree Meenakshisundaram Textiles Ltd. – Appellant
Versus
M/s. Valliamman Textiles – Respondent
APPEAL(CAD) No. 31 of 2023
For the Appellants/Petitioners: Mr.S.R.Raghunathan, Mr.Manjunath Karthikeyan
For the Respondents: Mr.C.P.Hem Kumar for M/s.Ganesh and Ganesh
The court emphasizes the importance of amicable settlements in civil disputes, enforcing terms of a joint compromise memo.
Headnote:In an appeal filed under Section 96 of the CPC, the parties reached an amicable settlement regarding claims. The appellant deposited a sum of Rs.25 lakhs and agreed to pay an additional Rs.25 lakhs as full settlement. A joint memo of compromise was recorded, and the appeal stands disposed of with no costs. The appellant is entitled to court fee refunds as per Section 69(A) of the Tamil Nadu Court Fees and Suit Valuation Act, 1955.
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| 1. parties reached an amicable settlement. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court disposes the appeal as per joint memo. (Para 7 , 8) |
(Judgment of the Court was delivered by C.V.Karthikeyan J.)
It is with much prudence that the appellant and the respondents had taken a conscious decision to settle amicably the issue raised in the appeal. We would place deep appreciation for the learned counsel for the appellant and also the learned counsel for the respondents who by their assistance had ensured that an amicable settlement had been reached between the parties.
2.As terms of the settlement, the appellant who had deposited a sum of Rs.25/- lakhs at the time of filing of the appeal has now been called upon to tender a further sum of Rs.25/- lakhs in full and final settlement of the claim.
3.The 5th respondent / Mr.Meenakshisundaram who is the son of Mr.M.Thiagarajan, is present in Court. His mother and three sisters are the other respondents in the appeal, apart from the company, Valliammai Textiles and his father, Mr.M.Thiagarajan, who had since died.
4.A Joint Memo of Compromise had been presented before this Court dated 23.02.2026 signed by the authorized representative of the appellant, Mr.M.Ramanathan and also signed by each one of the other respondents.
5.It is to be noted that the 1st respondent M/s.Valliammai Textiles had assigned the debt owned by the appellant to Mr.M.Thiagarajan. The Joint Memo of Compromise had also been signed by the learned counsel for the appellant and by the learned counsel for the respondents. The resolution passed by the Members of the Board of the appellant company authorizing Mr.M.Ramanathan to enter into the settlement had also been enclosed.
6.By the terms of settlement, the amount of Rs.25/- lakhs which is now in the Court deposit may be paid to the 5th respondent, T.Meenakshisundaram. The additional sum of Rs.25/- lakhs had been paid by demand draft to the 5th respondent, T.Meenakshisundaram who had also acknowledged the receipt of the same. The Joint Registrar, Appellate Side, had also filed a Certificate of Funds that a sum of Rs.25/- lakhs is lying in fixed deposit to the credit of this appeal.
7.The Registry is directed to recall the fixed deposit of Rs.25/- lakhs and together with accrued interest, pay the same to the 5th respondent, T.Meenakshisundaram on producing proper identification. The Joint Memo of Compromise stands recorded. At the time of payment out, notice to the appellant may be dispensed with.
8.In view of the fact that the parties had entered into a compromise, the Appeal stands disposed of in terms of Joint Compromise of Memo. The Joint Memo of Compromise dated 23.02.2026 shall form part of the decree. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. The appellant is entitled for refund of Court fees in accordance with Section 69(A)