Recovery suit for Rs.2.88 crores against defendants. Plaintiff gave up relief against second defendant; plaintiff and first defendant entered a joint compromise memo under which the first defendant's power agent would sell the suit property for four crores and pay the balance to the plaintiff.
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C.S.No.209 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.01.2024
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.209 of 2023 A.No.5516 of 2023
B.I.James
.. Plaintiff
Versus
1.C.Thilip Kumar
2.Loganandini .. Defendants
Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule 1 of Madras High Court Original Side Rules 1956 read with praying for the following judgment and decree against the defendants.
a) directing the defendants to pay the suit amount a sum of Rs.2,88,00,000/- (Two Crores Eighty Eight Lakhs Only) to the plaintiff along with interest of 18% per annum from the date of plaint until the realisation of the case;.
b) direct the defendants to pay costs of the suit to the plaintiff
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For Plaintiff : Mr.B.Shanmuga Priya
For Defendants : Mr.K.S.Navin Balaji for D1
JUDGMENT
The suit has been filed for recovery of a sum of Rs.2,88,00,000/(Two Crores Eighty Eight Lakhs Only) along with interest of 18% per annum against the defendants.
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C.S.No.209 of 2023
suit is decreed in terms of memo of compromise entered into between the parties and the memo shall form part of the decree. In the event, the parties are not acting, the plaintiff is entitled to decree for the entire amount of the suit along with the interest. No costs. Consequently, the connected application is closed.
08.01.2024
dhk Internet : Yes Index : Yes / No Note: Issue Order Copy on 11.01.2024
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C.S.No.209 of 2023
N.SATHISH KUMAR, J.
dhk
C.S.No.209 of 2023
08.01.2024
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1 issue framed by the court
Whether the suit for recovery of Rs.2,88,00,000 with interest could be decreed in terms of the parties' joint memo of compromise.
2 provisions across 2 enactments
B.I.James
C.Thilip Kumar
Loganandini
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
