On a civil suit file under order VII rule 1 CPC, the Court recorded the parties' compromise mediated before TN Mediation Centre. The suit was decreed in terms of the settlement memorandum without costs. The connected application was closed.
The civil suit was decreed in terms of the memorandum of compromise dated 22.10.2018.
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: 12.11.2018
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.S.No.517 of 2018
and A.No.5875 of 2018
M/s.Bosch Ltd.,
Rep.by its Regional Manager – South Region cum Special Power of Attorney, Mr.Manoj K Varma, Having address at 8/17, Shafee Mohamad Road, Thousand Lights, Greams Road, Chennai – 600 006. ... Plaintiff Vs P.Rajaram ... Defendant
Plaint filed and Suit numbered under Order IV Rule 1 of O.S.Rules r/w Order VII Rule 1 of CPC, praying for judgment and decree as follows:
a. Directing the defendant to pay a sum of Rs.26,98,061/- together with further interest at the rate of 18% p.a on the sum of Rs.18,09,522/- from the date of Plaint till the date of realization;
b. Award costs of the suit .
For Plaintiff : Mr.T.Sai Krishnan For Defendant : Ms.M.Hynul Fathima
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JUDGMENT
Mr.T.Sai Krishnan, learned counsel for the
plaintiff as well as Ms.M.Hynul Fathima, learned counsel for the defendant submitted that the dispute between the parties has been amicably settled before the Tamil Nadu Mediation and Conciliation Centre. The Mediation Centre has produced Mediation report, enclosing the memo of compromise between the parties, dated 22.10.2018, signed by the parties as well as the counsel, which reads as follows:
“a) In pursuance of the settlement talks in the mediation, the Plaintiff has agreed to receive Demand Drafts bearing Nos.184769 & 184770 dated 20.10.2018 issued by Karur Vysya Bank, T-Nagar Branch in its favour for the sum of Rs.7,50,000/- & Rs.9,00,000/- totalling Rs.16,50,000/- (Rupees Sixteen Lakhs fifty thousand only) from the Defendant in full and final settlement of the above suit Claim. The said Demand Draft shall be handed over in open Court at the time of recording this memo by the Hon'ble Court.
b) The Plaintiff undertakes to withdraw C.C.No.412 of 2017 pending on the file of the Hon'ble XIII Metropolitan Magistrate Court, Egmore. c) Both the parties will bear their own
respective cost and Legal expenses in respect of the above suit and other proceedings.
d) Both the parties have no other claims as against each other and both parties pray that this settlement be recorded by this Hon'ble Court and the above suit in C.S.No.517 of 2018 be disposed accordingly.”
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K.Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
