The Court decreed a commercial suit filed for defective products and damages based on a valid Joint Memorandum of Compromise entered into by the parties after mediation, ordering no order for costs.
Suit decreed in terms of the Memorandum of Compromise dated 12.04.2022; no order for costs; connected application closed.
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.
C.S.(Comm. Div.) No.32 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.06.2022
Coram:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm. Div) No.127 of 2021 & A. No.4885 of 2021
M/s.Hubert Enviro Care Systems Pvt. Ltd. Rep. By its Managing Director, having office at No.A21, III Phase, TVK Industrial Estate, Guindy, Chennai-600 032.
.. Plaintiff
Vs.
.. Defendants
This Civil Suit has been filed under Order VII Rule 1 of CPC 1908 read with Order IV Rule 1 of the Original Side Rules of Madras High Court read with Section 2(1)(C)(II) and 7 (1st proviso) of the Commercial Courts/Commercial
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C.S.(Comm. Div.) No.32 of 2022
Division and Commercial Appellate Division of High Court Act 4 of 2016, prays for a judgment and decree against the defendants (a) directing the defendants to pay a sum of Rs.14,90,000/- (Rupees Fourteen Lakhs and Ninety Thousand only) spent by plaintiff towards repairing the defective materials/products delivered by the defendants together with interest at the rate of 18% p.a. from the date of this suit till the date of realization of the above principal amount; (b) directing the defendants to pay a sum of Rs.25,00,000/(Rupees twenty five lakhs only) for retaining the remaining defective/substandard plants delivered by the defendants together with interest at the rate of 18% p.a. From the date of this suit till the date of realization of the above principal amount; and (c) directing the defendants to pay a sum of Rs.1,00,00,000/- (Rupees one crore only) towards the damage of plaintiff brand image and reputation, mental agony and other indirect losses arising due to the false claims and substandard products supplied by the defendants together with interest at the rate of 18% p.a. from the date of this suit till the date of realization of the above damage amount and (d) to award costs of the suit.
For Plaintiff : Mr.A.Saravanan For Defendants : Mr.Jayesh B.Dolia for M/s.Aiyar and Dolia
JUDGMENT
The matter was referred to the Mediation Centre annexed this
Court by order dated 14.03.2022. Pursuant thereto, the parties have entered into
a Joint Memorandum of Compromise dated 12.04.2022. On perusal thereof,
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C.S.(Comm. Div.) No.32 of 2022
the said Joint Memorandum of Compromise was duly signed by the plaintiff and each of the defendants. On examining the terms of compromise, there is no legal impediment to the issuance of a decree in terms thereof.
be no order as to costs. Consequently, connected application is closed.
10.06.2022
Index : Yes/No Internet: Yes/No
kal
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C.S.(Comm. Div.) No.32 of 2022
SENTHILKUMAR RAMAMOORTHY, J
kal
C.S.(Comm. Div) No.127 of 2021 &
A. No.4885 of 2021
10.06.2022
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1 issue framed by the court
Whether to decree the suit based on a Joint Memorandum of Compromise.
2 provisions across 2 enactments
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
