M/S Eveready Industries India Ltd. Vs. m.s.e.f.c.,chennai Region &Amp;amp; Anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1193440
CourtSupreme Court of India
Decided OnAug-02-2017
Case Number12607 / 2013
JudgeHON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
AppellantM/S Eveready Industries India Ltd.
Respondentm.s.e.f.c.,chennai Region &Amp;amp; Anr.
Advocates: Khaitan &Amp; Co.
Excerpt:
in the supreme court of india civil appellate jurisdiction non-reportable i.a. no.2/2017 in and civil appeal no.10006 of2017[@ special leave petition (c) no.16020/2013]. m/s. eveready industries india limited appellant(s) versus micro small enterprises facilitation council, chennai region & anr. respondent(s) judgment kurian, j.leave granted. when the matter was pending before this court, we 2. sought the assistance of mr. r. basant, learned senior counsel, to mediate between the parties and explore the possibility of a settlement.3. it is heartening to note that the mediation has been fruitful and the parties have settled their disputes amicably. they have also filed a joint memo 1 dated 31.07.2017. in terms of the settlement, the appellant has handed over a demand draft for a sum of rs.61,00,000/- (rupees sixty one lacs) to respondent no.2, which has been duly acknowledged by the learned counsel for respondent no.2.4. therefore, this appeal is disposed of in terms of settlement by way of joint memo dated 31.07.2017, which shall form part of this judgment. in view of the settlement, as above, the 5. appellant is permitted to withdraw the deposit made before this court, pursuant to the order of this court, along with the accrued interest.6. though mr. r. basant, learned senior counsel, was requested by the parties to accept some remuneration, learned senior counsel has graciously declined the request. however, since the parties have been benefited by the process, we direct both the parties to pay an amount of rs.25,000/- (rupees twenty five thousand) to the supreme court bar clerk's association, within a month, which shall be equally shared between them.7. 8. disposed of. i.a. no.2 also stands disposed of. pending applications, if any, shall stand 2 9. there shall be no orders as to costs. new delhi; august02 2017. .......................j.[kurian joseph]. .......................j.[r. banumathi]. 3 item no.10 court no.6 section xii s u p r e m e c o u r t o f i n d i a record of proceedings civil appeal no(s). 8880/2014 j.k. tyre and industries ltd. thr. general manager (legal) versus micro and small enterprises facilitation council and ors. thr. chairman appellant(s) respondent(s) with i.a.no.2/2017 in & slp(c) no.16020/2013 (xii) (appln(s) for directions with office report) date :02. 08-2017 these matters were called on for hearing today. coram : hon'ble mr. justice kurian joseph hon'ble mrs. justice r. banumathi for appellant(s) mr. ramesh singh,adv. mr. a.t. patra,adv. ms. bina gupta, aor ms. divya chaturvdi,adv. ms. snehal kakrania,adv. for m/s. khaitan & co. for respondent(s) mr. rajesh ranjan,adv. ms. surajita pattanaik,adv. mrs. saudamini,adv. for mr. d.s. mahra, aor mr. r. anand padmanabhan,adv. mr. romil pathak,adv. mr. ananya mukherjee,adv. ms. prabha swami, aor mr. m. yogesh kanna, aor4mr. shashi bhushan kumar, aor upon hearing the counsel the court made the following order c.a. no.8880/2014 list the appeal along with connected matters i.e. slp(c) no.8854/2015, c.a. 8891/2014, slp(c) no.19980-19981/2016, c.a. no.8888/2014, c.a. no.8884/2014, c.a. no.8881/2014, c.a. no.8887/2014, c.a. no.8885-8886/2014, c.a. no.8892/2014 and c.a. no.8889/2014 on 07.11.2017. i.a.no.2/2017 in & slp(c) no.16020/2013 leave granted. the appeal and i.a. no.2 are disposed of in terms of the signed judgment. (narendra prasad) (renu diwan) court master (sh) asst. registrar (signed “non-reportable” judgment, as above, is placed on the file) 5
Judgment:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION NON-REPORTABLE I.A. NO.2/2017 IN AND CIVIL APPEAL No.10006 OF2017[@ SPECIAL LEAVE PETITION (C) NO.16020/2013]. M/S. EVEREADY INDUSTRIES INDIA LIMITED APPELLANT(S) VERSUS MICRO SMALL ENTERPRISES FACILITATION COUNCIL, CHENNAI REGION & ANR. RESPONDENT(S)

JUDGMENT

KURIAN, J.

Leave granted. When the matter was pending before this Court, we 2. sought the assistance of Mr. R. Basant, learned senior counsel, to mediate between the parties and explore the possibility of a settlement.

3. It is heartening to note that the mediation has been fruitful and the parties have settled their disputes amicably. They have also filed a Joint Memo 1 dated 31.07.2017. In terms of the settlement, the appellant has handed over a Demand Draft for a sum of Rs.61,00,000/- (Rupees Sixty One Lacs) to Respondent No.2, which has been duly acknowledged by the learned counsel for Respondent No.2.

4. Therefore, this appeal is disposed of in terms of settlement by way of Joint Memo dated 31.07.2017, which shall form part of this judgment. In view of the settlement, as above, the 5. appellant is permitted to withdraw the deposit made before this Court, pursuant to the order of this Court, along with the accrued interest.

6. Though Mr. R. Basant, learned senior counsel, was requested by the parties to accept some remuneration, learned senior counsel has graciously declined the request. However, since the parties have been benefited by the process, we direct both the parties to pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand) to the Supreme Court Bar Clerk's Association, within a month, which shall be equally shared between them.

7. 8. disposed of. I.A. No.2 also stands disposed of. Pending applications, if any, shall stand 2 9. There shall be no orders as to costs. NEW DELHI; AUGUST02 2017. .......................J.

[KURIAN JOSEPH]. .......................J.

[R. BANUMATHI]. 3 ITEM NO.10 COURT NO.6 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S). 8880/2014 J.K. TYRE AND INDUSTRIES LTD. THR. GENERAL MANAGER (LEGAL) VERSUS MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL AND ORS. THR. CHAIRMAN APPELLANT(S) RESPONDENT(S) WITH I.A.NO.2/2017 IN & SLP(C) No.16020/2013 (XII) (APPLN(S) FOR DIRECTIONS WITH OFFICE REPORT) Date :

02. 08-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Ramesh Singh,Adv. Mr. A.T. Patra,Adv. Ms. Bina Gupta, AOR Ms. Divya Chaturvdi,Adv. Ms. Snehal Kakrania,Adv. For M/s. Khaitan & Co. For Respondent(s) Mr. Rajesh Ranjan,Adv. Ms. Surajita Pattanaik,Adv. Mrs. Saudamini,Adv. For Mr. D.S. Mahra, AOR Mr. R. anand Padmanabhan,Adv. Mr. Romil Pathak,Adv. Mr. Ananya Mukherjee,Adv. Ms. Prabha Swami, AOR Mr. M. Yogesh Kanna, AOR4Mr. Shashi Bhushan Kumar, AOR UPON hearing the counsel the Court made the following ORDER

C.A. NO.8880/2014 List the appeal along with connected matters i.e. SLP(C) No.8854/2015, C.A. 8891/2014, SLP(C) No.19980-19981/2016, C.A. No.8888/2014, C.A. No.8884/2014, C.A. No.8881/2014, C.A. No.8887/2014, C.A. No.8885-8886/2014, C.A. No.8892/2014 and C.A. No.8889/2014 on 07.11.2017. I.A.NO.2/2017 IN & SLP(C) No.16020/2013 Leave granted. The appeal and I.A. No.2 are disposed of in terms of the signed judgment. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER (SH) ASST. REGISTRAR (Signed “Non-Reportable” Judgment, as above, is placed on the file) 5