The High Court dispensed with hearing both Civil Revision Petitions filed under Section 115 CPC as the parties settled the underlying money recovery dispute through mediation, resulting in the defendants agreeing to pay Rs.4,00,000.
Both Civil Revision Petitions disposed of; defendants to pay Rs.4,00,000; petitioner entitled to court fee refund.
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.R.P.(NPD)Nos.4950 & 4951 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(NPD)Nos.4950 and 4951 of 2014
Hitech (YAS) Blue Metals Represented by its Managing Partner, YAS Srinivasan, 9/38, Main Road, Athanur Post, Rasipura Taluk, Namakkal District – 636 301.
.. Petitioner in both CRPs
Vs.
Vice President,
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3.B.Venkataraman,
Deputy Manager (Sales), Representing M/s.Metso Minerals (India) Private Limited, Central Square, 1, Fifth Floor, Cipet Road, Thiru.Vi.Ka, Industrial Estate, Guindy, Chennai – 600 032. .. Respondents in both CRPs
PRAYER in CRP(NPD)No.4950 of 2014 : Civil Revision Petition is
filed under section 115 of Civil Procedure Code, to set aside the Fair and Decreetal orders, dated 13.03.2014 in I.A.No.60 of 2013 in O.S.No.5657 of 2012 on the file of the XVII Additional City Civil Court, Chennai.
PRAYER in CRP(NPD)No.4951 of 2014 : Civil Revision Petition is filed under section 115 of Civil Procedure Code, to set aside the consequential Judgement, dated 13.03.2014, in O.S.No.5657 of 2012 on the file of the XVII Additional City Civil Court, Chennai.
For Petitioner : Mr.S.Kalyanaraman For Respondents : Mr.Aditya Reddy Mr.M.K.Kabir (appointed as Mediator)
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C O M M O N O R D E R
This revision arises against an order passed by the learned trial Judge referring the parties to workout their rights by way of an Arbitration.
2.The suit had been presented for recovery of money in O.S.No.5657 of 2012. The basis of the suit was that certain contracts had been placed by the plaintiff to the defendants and the defendants had kept aside (retained) Rs.10,00,000/- (Rupees ten lakhs only) and had refunded only Rs.40,00,000/- (Rupees forty lakhs only). The suit had been presented for refund of the said amount.
3.When the matter came up before me, I requested the services of Mr.M.K.Kabir, learned Senior Counsel to settle the matter by way of Mediation.
4.Due to the efforts of Mr.M.K.Kabir, the parties have finally settled the matter. The defendants have agreed to pay the plaintiff a sum of Rs.4,00,000/- (Rupees four lakhs only).
5.Mr.Aditya Reddy, learned counsel appearing for the
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defendants/respondents had handed over a cheque drawn on Standard Chartered Bank, Delhi bearing No.809532 for a sum of Rs.4,00,000/(Rupees four lakhs only) to Mr.S.Kalyanaraman, learned counsel for the petitioner. He has received the cheque across the bar. The issue having been settled, the plaintiff will be entitled to refund of the Court fee paid by him in O.S.No.5657 of 2012, on the file of the XVII Additional Judge, City Civil Court, Chennai.
7.This Court place on record its immense gratitude for the services rendered by Mr.M.K.Kabir. Both the Civil Revision Petition has been disposed of. No costs.
11.09.2023
Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No mkn2/vs
To
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C.R.P.(NPD)Nos.4950 & 4951 of 2014
The XVII Additional City Civil Court, Chennai.
V.LAKSHMINARAYANAN,J.
mkn2/vs
C.R.P.(NPD)Nos.4950 and 4951 of 2014
11.09.2023
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C.R.P.(NPD)Nos.4950 & 4951 of 2014
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1 issue framed by the court
Whether the Civil Revision Petitions challenging decrees/orders must be set aside in light of the settlement reached through mediation.
1 provisions across 1 enactments
Hitech (YAS) Blue Metals
Metso Minerals (India) Private Limited
Mukunda
B.Venkataraman
V.LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
