Allowed

M/S.Cholamandalam Investment v. Mr.Alimpasha Yakubsab Mashayak

Madras HC18 Dec 2017A/6818/2017

Case brief

AI extract

What is this about?

In a civil suit for recovery of money pending in garnishee proceedings, the Single Judge admitted a joint memo of compromise filed by the applicant-plaintiff and respondent-defendant and decreed the suit in terms of the compromise. The connected application was closed.

What did the court decide?

Decreed the suit in terms of the Joint Memo of Compromise and closed all connected applications.

M/S.Cholamandalam Investment Vs Mr.Alimpasha… — Contract and Commercial Disputes | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 18th DAY OF DECEMBER 2017 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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A. No.6818 of 2017 in C.S. No.849 of 2016

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C.S. No.849 of 2016 :-

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Dr.A.George, S/o.Mr.N.S.Asupathy Marthandam, Proprietor, M/s.AGS Irrigation, Nos.11 & 12, Ekangipuram Main Street, Ayanavaram, Chennai-600 023.

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... Plaintiff

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-Versus-

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Messrs.Shine Plast, rep. By its Proprietor, Mr.Mohammed Ashraf T.M., No.82, Risaldar Street, 2^nd Cross, Seshadripuram, Bengaluru-560 020. ... Defendant

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Civil Suit praying that this Hon'ble Court be pleased to pass a decree and judgment against the defendant:-

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a) directing the defendant to pay the plaintiff a sum of Rs.2,76,39,327.00 (Rupees two crores seventy six lakhs thirty nine thousand three hundred and twenty seven only) along with interest calculated at the rate of 36% p.a. on Rs.2,76,39,327/- (Rupees two crores seventy six lakhs thirty nine thousand three hundred and twenty seven only) from the date of filing this plaint till the date of receipt of payment by the plaintiff.

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b) for the costs of this suit.

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A. No.6818 of 2017 :-

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Dr.A.George, S/o.Mr.N.S.Asupathy Marthandam, Represented by its Proprietor, M/s.AGS Irrigation, Nos.11 & 12, Ekangipuram Main Street, Ayanavaram, Chennai-600 023. ... Applicant/Plaintiff -Versus1. Messrs.Shine Plast, rep. By its Proprietor, Mr.Mohammed Ashraf T.M., No.82, Risaldar Street, 2^nd Cross, Seshadripuram, Bengaluru-560 020. ... Respondent/Defendant

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Tamil Nadu Textbook & Educational Services Corporation, EVK Sampath Maaligai, No.68, College Road, Chennai- 600 006. ... Respondent (Garnishee)/Third Party

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Application praying that this Hon'ble Court be pleased to pass a prohibitory order prohibiting the second respondent/garnishee from making any payment to the first respondent/defendant and further direct the second respondent/garnishee to deposit into this Hon'ble Court a sum of Rs.2,76,39,327.00/- (Rupees two crores seventy six lakhs thirty nine thousand three hundred and twenty seven

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only) being the sum payable by the first respondent/ defendant to the applicant/plaintiff under the above suit, or any other sum, such sum(s) being payable by the second respondent/garnishee to the first respondent/defendant.

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This application coming on this day before this court for hearing the court made the following order:

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Both the plaintiff and the defendant are present. They have filed a Joint Memo of Compromise, which both the plaintiff and defendant had signed in both the pages also affixing their company seal.

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applicant/plaintiff have also signed the compromise memo. Mr.A.N.Thambidurai, the learned counsel for the 2^nd respondent, Tamilnadu Textbook and Educational Services Corporation, is also present in the Court today.

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The Joint Memo of Compromise is as follows:

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The suit filed by the plaintiff against the defendant for recovery of the sum of Rs.2,76,39,327(Two Crore Seventy Six Lakhs Thirty Nine Thousand Three Hundred and Twenty Seven Only) together with future interest and the same is pending with the above Application No.6818/2017 with the prayer “To pass a Prohibitory Order prohibiting the Garnishee viz, M/s Tamilnadu Text Book & Educational Services Corporation from making any payment to the

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defendant and further direct the Garnishee to deposit into this Court a sum of Rs.2,76,39,327(Two Crore Seventy Six Lakhs Thirty Nine Thousand Three Hundred and Twenty Seven Only), being the sum payable by the defendant to the plaintiff.”

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The Joint Memo of Compromise shall form part of the decree and recording the Joint Memo of compromise, the suit is decreed in terms of the Compromise Memo. All the connected applications are be closed. No costs.

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sd/.C.V.K.J

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//Certified to be a true copy//

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Dated this the day of 2017.

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COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

M/S.Cholamandalam Investment v. Mr.Alimpasha Yakubsab Mashayak

Case brief

What is this about?

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M/S.Cholamandalam Investment v. Mr.Alimpasha Yakubsab Mashayak

Case brief

What is this about?

What did the court decide?

What the court decided

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