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Judgment
This Original Side Appeal is instituted, calling in question, the correctness of the order passed by our Learned Brother, Justice T.S.Sivagnanam
on 08.02.2017, setting aside the award passed on 27.07.2016, by the Zonal Officer, MSE Facilitation Council, Regional Joint Director of
Industries and Commerce, SIDCO Corporate Building, Chennai, and remanding the matter back for consideration afresh.
While entertaining this Appeal, we had useful round of discussion with Mr.P.H, Aravind Pandian, learned Senior Counsel, who appeared on
behalf of M/s.Shardul Amarchandmangaldas and Company, the learned counsel for the appellant, and also with Mr.R.Parthasarathy, the learned
counsel, who appeared on behalf of the first respondent, Small Scale Industries Entrepreneur, who has approached MSE Facilitation Council for
securing payments due and payable to it by the appellant before us. The dispute in between the parties, lied in a very narrow campus. We,
therefore, suggested to the appellant, who is a leading industrial Entrepreneur to sort out the dispute amicably, keeping in view, the very purpose
and object behind the establishment of Micro, Small and Medium Enterprises. Accordingly, both sides have returned to the negotiating table, and
consequently, the dispute that has emanated and kept pending between the parties has been settled to their mutual satisfaction on 16th of March,
2017. Accordingly, a joint Memorandum of reducing the terms of settlement into the writing, duly signed by both the appellant and the 1st
respondent as well as their respective learned counsel has been filed into the Court today, which Memorandum of Settlement drawn and filed into
the Court, has been accepted by us.
We, very happily record our full satisfaction and appreciation for the wonderful efforts put in by the learned counsel appearing on both sides,
and also the spirit of compromise exhibited by both sides.
In that view of the matter, we dispose of this Original Side Appeal, by passing a decree in Terms of Compromise/Memorandum of Settlement
arrived at by and between the parties, as noted down in the joint Memo filed into the Court today. Accordingly, the dispute between the parties
shall stand settled in accordance with and in terms thereof. This Memorandum of Settlement shall form part of the decree. No costs. Consequently,
the Civil Miscellaneous Petition No.4715 of 2017 is closed.
C.M.P.No.4716 of 2017 in O.S.A.No. 56 of 2017
This Civil Miscellaneous Petition is filed, seeking appropriate direction to the Registrar General, High Court, Madras, to refund a sum of
Rs.1,91,44,378/-(Rupees One Crore Ninety One Lakhs Forty Four Thousand Three Hundred and Seventy Eighty Only) deposited by the
petitioner/appellant to them.
Heard the learned counsel appearing for the respective parties.
Pursuant to the order, dated 08.02.2017 passed by the learned Single Judge of this Court, in Original Petition No.953 of 2016, the
petitioner/appellant has deposited the afore said sum before the Registrar General, High Court on 22.11.2016, and said amount has been
deposited by the Registrar General in the Indian Bank, High Court Branch, in a Fixed Deposit, an interest bearing account. Hence, the Registrar
General, High Court is directed to withdraw the said amount lying in Fixed Deposit with the Indian Bank, High Court Branch, and return the same
to the petitioner/appellant together with interest earned so far, after obtaining proper acknowledgement from the counsel appearing for the
appellant.
This Civil Miscellaneous Petition is ordered accordingly.