The suit was disposed of based on a joint memo of compromise filed by the parties, recording the settlement terms as the decree.
Decree passed in terms of the Joint Memo of Compromise dated 07.12.2024.
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.No.945 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C. S.No.945 of 2016
M/s.Dharani Finance Limited No.57, Sterling Road Nungambakkam Chennai-600 034 represented by the Managing Director K.Kandasamy
... Plaintiff
vs.
1.S.Subramani 2.A.Balasubramani ... Defendants
Prayer:- Civil Suit filed under Order VII Rule 1 of Civil Procedure Code and Order 34 of Civil Procedure Code, praying for the following judgement and decree:
a) directing the defendants to pay jointly and severally a sum of Rs.10,15,298.51 together with further interest at 36% per annum from the date of suit till the date of payment.
b) direct the defendants jointly and severally to redeliver possession of the machinery to the plaintiff.
c) directing the defendants to pay the aforesaid amount together with further interest from the date of filing of the plaint to the date of payment and also costs of the suit on the date to be named by this Court.
C.S.No.945 of 2016
d) in default thereof, the property mentioned in the schedule to be sold and the proceeds (after defraying the expenses of the sale) applied in and towards the payment of the amount of the said principal and interest and costs.
e) that, if such proceeds shall not be sufficient for the payment in full and such amount the defendants may be ordered to be paid to the plaintiff the amount of the plaintiff, the amount of deficiency with interest at the rate of 36% per annum until realization.
f) for costs of the suit.
For Defendants : Mr.R.Gopinath for D2
JUDGMENT
When the matter was taken up today, the learned counsel for the plaintiff and the second defendant submitted that the matter has been compromised between the parties. Pursuant to the same, they have filed a Joint Memo of Compromise dated 07.12.2024 which has been duly signed by them and their respective counsel. The said Joint Compromise Memo is recorded.
C.S.No.945 of 2016
of Compromise entered between the parties and the above Joint Memo of Compromise shall form part of the decree. The Court Fee is ordered to be refunded as per law.
09.12.2024
Index:Yes/No Speaking/Non-speaking order uma
A.A.NAKKIRAN,J.
uma
C.S.No.945 of 2016
C.S No.945 of 2016
09.12.2024
2 provisions across 1 enactments
A.A.NAKKIRAN
As recorded by the court registry
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