The court allowed the settlement entered into between the plaintiff and the first defendant in two concurrent suits. Both suits were decreed accordingly without awarding costs.
Both suits were decreed in terms of the joint settlement memorandum dated 29.08.2018. No costs awarded.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.09.2018 CORAM : THE HONOURABLE DR. JUSTICE ANITA SUMANTH
C.S. No.560 of 2007 and C.S.880 of 2009
M/s.Ponds Exports Limited Registered Office at New No.18, (Old No.123) G.N.Chetty Road, T.Nagar, Chennai 600 017. ...Plaintiff in 560 of 2007/ 1st defendant in 880 of 2009
Vs.
(i) Directing the defendants to jointly and severally pay the Plaintiff a sum of Rs.30,03,531.35 together with further interest at the rate of 24% per annum as may be accrued from the date of Plaint till date of realisation in full.
(ii) For a declaration that the plaintiff is not liable to pay the First Defendant any money whatsoever as claimed by the First defendant in its Lawyer's notice dated 09.01.2007 and their rejoinder dated 19.02.2007. (iii) For cost of the suit. C.S No.880 of 2009:
(i) directing the defendants jointly and severally to pay a sum of Rs.2,07,99,140.50 ps. Alont with further interest on Rs.1,35,94,939.50 ps @ 19% per annum from the date of plaint till the date of realization.
(ii) directing the defendants to pay the cost of this suit.
For plaintiff in C.S. No.880/09 & first defendant in C.S. No.560/07 : Mr.S.Raghunathan
For first defendant in C.S. No.880/09 & plaintiff in C.S. No.560 of 2007 : Ms.Maithili
For second defendant in both suits : No appearance
JUDGMENT
The learned counsel for the plaintiff and first defendant in both suits have filed a joint memo dated 29.08.2018 being the terms of settlement entered into between the aforesaid parties in relation to the disputes arising in the suits. Though, the second defendant in both suits has been served, there is no appearance for or on his behalf.
10.09.2018 rkp Speaking order/Non speaking order Index: Yes/No Internet: Yes/No
DR.ANITA SUMANTH, J.
rkp
C.S.880 of 2009 and C.S. No.560 of 2007
10.09.2018
2 provisions across 1 enactments
M/s. Ponds Exports Limited
M/s. Ceva Freight (India) Pvt Limited
Josef Seibel Schuhfabrik GMBH
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
