P.Rajaram v. Khimraj Sakariya
Case brief
What is this about?
This judgment records the court's approval of a joint memorandum of compromise in a civil suit for redemption of mortgage. The Plaintiff agreed to repay principal sums and interest totaling over Rs. 11 crores to Defendants and to withdraw in cases under Section 138 N.I. Act.
What did the court decide?
Decree passed approving the joint memorandum of compromise, mandating repayment of dues and agreeing to terms for property sale and case withdrawal.
What the court decided
A compact analysis
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.
1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 23rd DAY OF AUGUST 2018 THE HON'BLE MR. JUSTICE M.SUNDAR C.S. No.388 of 2018
P.Rajaram, S/o.M.A.Ponnusamy Reddiar, No.10, Saradambal Street, Gokulam Colony, T.Nagar, Chennai-600 017. ... Plaintiff -Versus-
- Khimraj Sakariya, S/o.Late Misrimal, No.10/4, Barnaby Road, Kilpauk, Chennai-600 010.
- Nishank Sakariya, S/o.Narendra Sakariya, No.36, Thambusamy Street, Kilpauk, Chennai-600 010.
- M/s.Nakoda Traders, rep. by its Partner, Ashok Kumar Jain, New No.336, Old No.349, Second Floor, Shop No.3, Mint Street, Sowcarpet, Chennai-600 079.
- Mahendar Bansali (HUF), rep. by its Karta Mr.Mahendar Bansali, E-504, 5th Floor, Roop Chambers, No.43 & 44, Erulappan Street, Sowcarpet, Chennai-600 079.
- Shikal A.Jain, D/o.Ashok Jain, No.16/9, Ekambareswarar Agraharam, Vittal Market, Chennai-600 003.
- Bhagyawanthi Bai, W/o.Shankarlal, No.10/3, Barnaby Road, Lane next to Aditya Hospital, Kilpauk, Chennai-600 010.
Issues for consideration
3 issues framed by the court
Whether the Court should approve a joint memorandum of compromise regarding mortgage dues and cheque dispute cases.
Whether the agreed repayment schedule and sale of properties satisfies the requirements of a valid decree.
Whether the specific enforcement clause in the compromise agreement provides adequate security for the lenders.
Coram
M. Sundar
Case details
As recorded by the court registry
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