C.Vijayakumar v. K.B.P.Sankar
Case brief
What is this about?
In this suit for recovery, the parties, appearing in mediation, settled the dispute. The court recorded the Memorandum of Understanding wherein defendants agreed to pay a specific sum and ordered a decree accordingly, directing parties to bear their own costs.
What did the court decide?
Decree to be passed in terms of the Memorandum of Understanding agreeing to Rs. 25,00,000 payment in phases.
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
DATED : 12.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.587 of 2013 C.Vijayakumar ... Plaintiff
Versus 1.K.B.P.Sankar 2.K.V.K.Harnath 3.K.K.V.Seetharaman 4.Jhansi 5.J.S.Jayasree ... Defendants
Plaint filed under Order VII Rule 1 of C.P.C. r/w. Order IV Rule 1 of Original Side Rules praying to pass a judgment and decree against the defendants:
(a) to pay a sum of Rs.65,28,767/- (Rupees Sixty Five
Lakhs Twenty Eight Thousand Seven Hundred and Sixty Seven only) along with interest at the rate of 12% per annum on the amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) jointly and severally from the date of plaint till date of realization of entire amount and
(b) for costs of the suit.
Issues for consideration
2 issues framed by the court
Whether the suit be dismissed or decreed in terms of the settlement agreement.
Whether to pass a decree based on the memorandum of understanding filed by parties.
Parties & counsel
- petitioner
C. Vijayakumar
- respondent
1.K.B.P.Sankar
- respondent
2.K.V.K.Harnath
- respondent
3.K.K.V.Seetharaman
- respondent
4.Jhansi
- respondent
Case details
As recorded by the court registry
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