In a Lok Adalat organized by the High Court Legal Services Committee, Chennai, the plaintiff withdrew a civil suit and accompanying O.A. as settled out of court. The court dismissed the suit and closed the O.A., ordering a refund of court fees under relevant statutes.
Civil suit and O.A. dismissed/closed; full court fee refunded to plaintiff.
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
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services
Committee
Tuesday the 30th day of March, 2021
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services
Authorities Act,1987)
Presided over by
The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.)
and
Member
Ms.Kanmani Selvam
C.S.No.168 of 2012
and
O.A.No.188 of 2012
Prayer :- Civil Suit filed for a judgment and decree against the defendants as follows:
a) pay to the plaintiff a sum of Rs.1,00,00,000/(Rupees one crore only) towards damages with interest from the date of plaint till the date of realization in full;
b) grant permanent injunction restraining the defendants and their men, servants, agents or anyone acting on their behalf from anyway making false propaganda orally, or in writing or publishing about the plaintiff or his concern or anything with regard to his layouts;
c) pay costs of the suit.
2
Sri.S.R.Nanda Kishore .. Plaintiff /Applicant Vs.
This case came up for settlement before the Lok Adalat. Mr.E.Senthil Kumar, counsel for the plaintiff and Mr.N.Prabakaran, Power Agent of the plaintiff are present.
TERMS OF SETTLEMENT
Counsel for the plaintiff and Power Agent of plaintiff alone are present. Defendants and counsel are absent. Learned counsel for the plaintiff made an endorsement as follows:-
“ The issues involved in this suit is amicably settled between the parties. Hence the matter is settled out of Court.Therefore I request this Hon'ble Court may be pleased to permit me to withdraw this suit as settled out of Court and full court fee paid in this plaint may be returned to the plaintiff. ”
3
Sd/ Sd/
Power of Attorney Counsel for the plaintiff
Sd/
Judge
Sd/ Member
Sd/-
Assistant registrar (LA)
// The certified to be true copy//
Sub-Assistant registrar (OS)
4
To:The parties/Advocate concerned
Copy to:
1.The Secretary,High Court Legal Services Committee,Chennai. 2.The Sub Assistant Registrar,Original Side,High Court,Madras.
3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
A.RAMAMURTHI, J.(Retd.)
adl
C.S.No.168 of 2012
and
O.A.No.188 of 2012
30.03.2021
2 issues framed by the court
Whether the civil suit filed for damages and injunction can be withdrawn as settled out of court by the plaintiff.
Whether the additional court fee can be refunded to the plaintiff along with the case fee.
3 provisions across 2 enactments
High Court Legal Services Committee, Chennai
S.S.R. Nanda Kishore
S.Lakshmipathy Naidu
G.Selvam
S.Jaganathan
A. Ramamurthi
Kanmani Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
