This judgment dismissed a civil suit praying for payment of sale proceeds as settled out of court upon agreement reached in mediation where payment was allegedly made by defendants.
Suit dismissed as settled out of court; court fee to be refunded to plaintiff.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.1023 of 2009
Devi Polymers Pvt.Ltd.
Rep.by its Executive Director,
Mr.K.N.Mohanram,
T.N.K.House,
48, Anna Salai,
Chennai-600 002. ... Plaintiff
..Vs..
1.M/s.Jit Sun Plastics Pvt.Ltd.,
Registered Office at
No.11, Swastik Society Sagarika,
N.S.Road, No.2,
JVPD Scheme,
Mumbai-400 056.
2.Mr.Amul Shah,
Director of M/s.Jit Sun Plastics Pvt.Ltd.,
No.11, Swastik Society Sagarika,
N.S.Road, No.2, JVPD Scheme,
Mumbai-400 056.
3.Mr.Rahul Shah ... Defendants
Plaint filed under Order IV Rule 1 of Madras High Court O.S.
Rules read with Order VII, Rule 1 C.P.C. praying to pass a judgment and decree:-
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i)Directing the defendants to pay the sum of Rs.45,46,301.90
together with interest at 24% p.a., on the tune of Rs.28,88,316/- to the plaintiff.
ii)to pay the cost of the suit.
For Plaintiff : Mr.M.Sriram For Defendants : Mr.G.Saibaba J U D G M E N T
The matter was sent for mediation before the Mediation Centre, where the defendants had agreed to pay a sum of Rs.33,00,000/towards full and final settlement of the suit claim in four equal monthly installments commencing from 09.12.2016. The proceedings of the Mediation Centre along with the mediation agreement was placed before me today.
2.Mr.M.Sriram, learned counsel appearing for the plaintiff and Mr.G.Saibaba, learned counsel appearing for the defendants would
submit that the entire amount has been paid, as per the agreement
reached before the Mediation Centre. Hence, the suit is dismissed as settled out of Court.
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3.In view of the fact, that the evidence has not been recorded
and the suit is dismissed as settled out of Court, the plaintiff would be entitled to refund the entire Court fee. Hence, there will be an order to
refund the entire Court fee in favour of the plaintiff.
12.02.2018
KP
Index : No
Internet : Yes
Non-speaking Order
To
The Sub Assistant Registrar,
Original Side,
High Court,
Madras.
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R.SUBRAMANIAN, J.
KP
C.S.No.1023 of 2009
12.02.2018
1 issue framed by the court
Whether the suit be dismissed as settled out of Court given execution of mediation agreement and payment of claim
2 provisions across 2 enactments
M/s. Jit Sun Plastics Pvt. Ltd.
Mr. Amul Shah
Mr. Rahul Shah
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
