P. Usha., v. Axis Bank Limited.
Case brief
What is this about?
The court disposed of a civil suit arising from a lease dispute following a mediation settlement. The defendants agreed to pay specified rent, maintenance, and electricity charges, with deductions against an advance. The court passed a compromise decree based on the signed agreement and ordered the refund of court fees.
What did the court decide?
Decree passed in terms of the settlement agreement dated 14.11.2018; refund of court fee ordered.
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
4IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.485 of 2018
and O.A.No.674 of 2018
and A.No.6504 of 2018
P.Usha ..Plaintiff
Vs.
1. Axis Bank Limited,
Represented by its Authorized Signatory
Having Registered Office At
Trishul, 3 rd Floor,
Opp. Samartheshwar Temple
Law Garden, Ellis Bridge,
Ahmedabad – 380 006.
Gujarat.
- Axis Bank Limited, Represented by its Senior Manager – CRES South Having Office at 82, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004. .. Defendants
This Civil Suit is preferred, under Order IV Rule 1 of the Madras High Court O.S. Rules Read with Order VII Rule 1 CPC, praying that the defendants do pay the plaintiff a sum of Rs.72,00,000/- for damages for use and occupation of the open terrace above the second floor of No.192, Karumuthu Nilayam, Anna Salai, Chennai – 600 002; for grant a permanent injunction restraining the defendants, their men or agents or anybody claiming under them, from in any manner encumbering or alienating the
Issues for consideration
2 issues framed by the court
Whether the court should dispose of the main suit by passing a compromise decree based on the settlement agreement reached during mediation.
Whether the court should grant refund of court fees as the suit was settled under Section 89 of the Code of Civil Procedure.
Parties & counsel
- petitioner
P.Usha
- respondent
Axis Bank Limited
Coram
M.SUNDAR
Case details
As recorded by the court registry
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