The court decreed three civil suits (C.S. Nos. 460-462/2014) based on memoranda of compromise filed by the parties on 11.08.2015, outlining payment terms with default clauses.
All three suits decreed in terms of recorded memoranda of compromise; in C.S. No. 461, suit against second defendant dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2015
CORAM
THE HON'BLE MR.JUSTICE K. RAVICHANDRABAABU
C.S.Nos.460 to 462 of 2014
and
Application Nos.4633 to 4635 of 2014
Bhuvana Bharati
.... Plaintiff in C.S.No.460/2014
Muruga Bharati .... Plaintiff in C.S.No.461/2014
M/s.Centre Point Hotels and Resorts Private Limited, Rep. By its Managing Director, Muruga Bharati, Having Office at No.39, Bazullah Road, T.Nagar, Chennai – 600 017. .... Plaintiff in C.S.No.462/2014 vs
M/s.Mindlogicx Infratec Limited, Rep. By its Director and Chief Executive Officer, Mr.Suresh Elangovan, Techllano, No.10/1-B, Graphite India Road, Hoodi Circle, Near White Field, Bangalore – 560 048. ... Defendant in all the suits 2.Suresh Elangovan ... Defendant in C.S.No.461/14
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Prayer in C.S.No.460/14:- Suit is filed for a direction to the defendant to pay the plaintiff a sum of Rs.46,49,760/- together with further interest at 30% per annum on the principal sum of Rs.41,09,710/- from the date of plaint till the date of realisation and further direct the defendants to pay the cost of the suit.
Prayer in C.S.No.461/14:- Suit is filed for a direction to the first defendant to pay the plaintiff a sum of Rs.50,02,747/- together with further interest at 30% per annum on the principla sum of Rs.47,61,687/- from the date of plaint till the date of realisation and further direct the defendants to jointly and severally pay the plaintiff a sum of Rs.50,02,747/- together with further interest at 30% per annum on the principal sum of Rs.47,61,687/- from the date of plaint till the date of realisation.
Prayer in C.S.No.461/14:- Suit is filed for a direction to the defendant to pay the plaintiff a sum of Rs.1,03,17,215/- together with further interst at 30% per annum on the principal sum of Rs.75,00,000/- from the date of plaint till the date of realisation and direct the defendants to pay the cost of the suit.
In all the suits: For plaintiff : Mr.V.G.Suresh Kumar For Defendants : Mr.P.Puhazh Gandhi
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JUDGMENT
C.S.No.460 of 2014
Today, a memorandum of compromise dated 11.08.2015 is filed by the parties, which is signed by them and their respective counsel. The parties are also present before this Court. Terms of the memorandum of compromise are as
follows:
“ 1. The defendant admits and undertakes to
pay a sum of Rs.42,00,000/- in satisfaction of the suit claim on or before 20.11.2015. The plaintiff states that if the amount is so paid without any default by the defendant, the plaintiff will receive the same in full satisfaction of the suit claim.
2. The defendant further states that if there is default in payment within the time specified, the plaintiff will be entitled to the entire sum as prayed for in the suit, together with further interest at 30% per annum, from the date of plaint, as prayed for, till the date of payment.
3. The plaintiff and the defendant pray that
the above be recorded and the suit decreed accordingly.
4. Application No.4635 of 2014 may be
closed.”
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the above memorandum of compromise. Accordingly, the suit is decreed in terms of the above memorandum of compromise, which forms part of the recorded decree. There will be no order as to costs. Consequently, Application No.4635 of 2014 is closed.
C.S.No.461 of 2014
signed by the plaintiff and the first defendant and their respective counsel. The
parties are also present before this Court. Terms of the memorandum of compromise are as follows:
undertakes to pay a sum of Rs.16,00,000/- in two installments in satisfaction of the suit claim. The first installment in the sum of Rs.8,00,000/- will be paid on or before 20.11.2015 and the second instalment in the sum of Rs.8,00,000/- will be paid on or before 15.01.2016. The plaintiff states that if the amounts are so paid without any default, the plaintiff will receive the same in full satisfaction of the suit claim.
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2. The first defendant further states that if there is default in payment of any one of the installments, the plaintiff will be entitled to the sum as prayed for in para 21(a) of the plaint, together with further interest at 30% per annum, from the date of plaint, as prayed for, till the date of payment, giving credit to the payment of Rs.30,00,000/- made subsequent to the filing of the suit and further payment, if any, made subsequent to this compromise.
3. The plaintiff and the defendants pray that the above be recorded and the suit decreed against the first defendant accordingly.
4. Application No.4634 of 2014 may be
closed.”
submitted that the suit may be decreed in terms of the above memorandum of compromise, since the plaintiff is restraining his claim in the suit only as against
the first defendant. Accordingly, the suit is decreed in terms of the above memorandum of compromise, which forms part of the record and decree. Since the suit is decreed in terms of the above memorandum of compromise only as
against the first defendant, the suit as against the second defendant is dismissed.
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There will be no order as to costs. Consequently, Application No.4634 of 2014 is closed.
C.S.No.462 of 2014
by the parties, which is signed by them and their respective counsel. The parties are also present before this Court. Terms of the memorandum of compromise are as follows:
“ 1. The defendant admits and undertakes to pay
a sum of Rs.98,00,000/- in two installments in satisfaction of the suit claim. The first installment in the sum of Rs.50,00,000/- will be paid on or before 20.12.2015 and the second instalment in the sum of Rs.48,00,000/- will be paid on or before 15.01.2016. The plaintiff states that if the amounts are so paid without any default by the defendant, the plaintiff will receive the same in full satisfaction of the suit claim.
2. The defendant further states that if there is default in payment of any one of the installments, the plaintiff will be entitled to the entire sum as prayed for in the suit, together with further interest at 30% per annum, from the date of plaint, as prayed for, till the date of payment, giving credit to the payment, if any, made subsequent to this compromise.
3. The plaintiff and the defendant pray that the above be recorded and the suit decreed accordingly.
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4. Application No.4633 of 2014 may be closed.”
11.08.2015
rkm Index:yes/no Internet:yes/no
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K. RAVICHANDRABAABU, J.,
rkm
C.S.Nos.460 to 462 of 2014
and
Application Nos.4633 to 4635 of 2014
11.08.2015
1 issue framed by the court
Whether the suits filed for monetary recovery should be decreed based on the recorded compoun
Bhuvana Bharati
Muruga Bharati
M/s.Centre Point Hotels and Resorts Private Limited
M/s.Mindlogicx Infratec Limited
Suresh Elangovan
K. Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
