Appeal (CAD) No.45 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY APPEAL(CAD) NO. 45 of 2024 and CMP No.25342 of 2024 1.K.Jayalakshmi Rao 2.K. Gangaprasad 3.Usha Rao 4.Kandhi Chandrasekar : Appellants Vs 1.Dasaprakash Paradise Mysore a Partnership firm having its office at No. 10 Raja Anna Malai Road Chennai - 084 and is rep. herein by its partner K. Ram Vittal Das. 2. K. Ram Vittal Das K.Vijaya Das (Died) 3. K. Mathwamuni Das 4. A. Shavijaya Das 5. K.Vikram Das 6. K.Viswanath Das 7. Madhavi Ballal 8. Kamala : Respondents Prayer: Appeal filed to set aside the Judgement and decree dated 09.07.2024, in COS No.1828 of 2022 on the file of District Commercial Court, Egmore, Chennai. Page 1 of 16 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 For Appellants : Mr.Srinath Sridevan, Senior Counsel, for Mr.Vishnu Ramu For Respondents : Mr.M.S.Krishnan, Senior Counsel, for Mr.P.Giridharan JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) Parties have amicably settled the matter out of Court. Parties have entered into a joint memorandum of compromise dated 04.02.2025. 2. The memorandum of compromise signed by second appellant for himself and constituted attorney of appellants 1, 3, 4; and the second respondent for himself, as partner of first respondent; third respondent through his constituted attorney i.e. second respondent; and respondents 5 and 6, is taken on record and marked 'X' for identification. Page 2 of 16 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 3. Respondents 7 and 8 have not signed. It is stated in the memorandum of compromise that signature of respondents 7 and 8 is not required since they are not partners of first respondent firm. 4. Advocates appearing for the respective parties identified the signatures. The signatories are also present before us and are identified by their respective advocates. 5. Advocates also state that the authority of the signatories have been verified by them and they are satisfied. 6. The appeal is decreed in terms of the memorandum of compromise. Drawn-up decree dispensed with. 7. For ease of reference, the memorandum of compromise is scanned and reproduced below : https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 8. All statements are accepted as undertaking to this Court and all undertakings given separately are also accepted. 9. There will be no order as to costs. Consequently, the interim application also stands disposed of. 10. Refund, if any, of Court fees, in accordance with rules. (K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 04.02.2025 Index : Yes/No Neutral Citation : Yes/No tar https://www.mhc.tn.gov.in/judis Appeal (CAD) No.45 of 2024 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY , J. (tar) APPEAL(CAD) NO. 45 of 2024 04.02.2025 https://www.mhc.tn.gov.in/judis