Mr.N.R.Srinivasan v. M/S Sagar Investments

THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM:

THE HONOURABLE MRS. JUSTICE S. KANNAMMAL and M.P.No.1 of 2010 and M.P.No.3 of 2009 and M.P.No.1 of 2012 1.N.R.Srinivasan 2.Sasi Srinivasan ... Appellants in A.S.No.832 of 2008 1.Precision Fastenings Rep.by its Partners 1.N.R.Srinivasan 2.Sasi Srinivasan 2.N.R.Srinivasan 3.Sasi Srinivasan ... Appellants in A.S.Nos.833 & 834 of 2008

Versus

M/s.Sagar Investments Represented by its Managing Partner T.Jayaraman No.69, Peters Road, Royapettah, Chennai - 600 014.

... Respondent in all the appeals COMMON PRAYER: Appeal Suit is filed under Section 96 and Order 41 Rule 1 of the Civil Procedure Code against the Judgment and Decree 1/6

made in O.S.Nos.1653, 1654 & 1655 of 2003 on the file of the IV Additional City Civil Court, Chennai, dated 25.09.2007. In all the appeals:

For Appellants : Mr.T.N.Rajagopalan For Respondent : Mr.P.L.Narayanan COMMON JUDGMENT When these suits are taken up for hearing, the learned counsel appearing for the parties would submit that the parties viz., appellants and respondent have amicably settled the issue between them by entering into a compromise. The learned counsel for the parties have also filed a joint memo of compromise entered by the parties. Therefore, both the learned counsel would submit that these suits may be disposed of in accordance with the terms of the compromise memo. 2.Both the parties viz., appellants and respondent are present along with their respective learned counsels. A joint memo of compromise is also filed before this Court.

3.In view of the submissions made by the learned counsel for the 2/6

parties and also in view of the joint memo of compromise duly signed by the parties along with their learned counsels, these appeal suits are disposed of in terms of compromise which reads as under: 1.

The Appellants have filed the following appeal against the Judgment and Decree of the suit filed by the Respondent herein for recovery of money.

1.O.S.No.1653/2003 - decreed on 25.07.2007 2.O.S.No.1654/2003 - decreed on 25.07.2007 3.O.S.No.1655/2003 - decreed on 25.09.2007 4.O.S.No.725/2011 - decreed on 09.02.2017 2.

The said suits had been decreed and the appellants herein had filed the above four appeals against the said Judgment and decree and the same is pending before the High Court. One of the Appellant namely Mr.N.R.Srinivasan died on 21.12.2019.

3.

The Second Appellant Sasi Srinivasan, in order to give a quietest to the above litigation has come forward to settle the claim made by the Respondent herein namely T.Jayaraman and M/s.Sagar Investment Pvt Ltd and the Respondent had also agreed for the same. 4.

The Appellants have paid a sum of Rs.30 Lakhs as 3/6

full and final settlement of all the claim made in all the above suits. The Respondent had agreed and also received the said sum of Rs.30 Lakhs in the following manner:

●25.02.2022 -Rs.9,00,000/- ●02.03.2022 -Rs.6,00,000/- ●28.03.2022 -Rs.7,00,000/- ●31.03.2022 -Rs.3,00,000/- ●31.03.2022 -Rs.2,00,000/- ●31.03.2022 -Rs.3,00,000/- Total Rs.30,00,000/- 5.

The Respondent hereby acknowledge the receipt of said sum of Rs.30 Lakhs (Rupees Thirty Lakhs Only) as full and settlement and in full quit of all the claims against the appeals and hereby declare that no money is due to them from the Appellants. The respondent further state that there is no other claim or money due from the Appellants.

6.

Both the parties hereby agree that the Appellants will be entitled to get full refund of the Court fee paid by her in the above appeals and the respondent has no claims for refund of the Court fee paid in all the appeals. 7.

It is further agreed that the Respondent will 4/6

endeavored to get the return of the promissory note filed in the suits at the earliest and had it for the Appellants herein.

4.The joint memo of compromise shall framed as a part and parcel of the decree and judgment. Refund Court fee as per rules. No Costs. Consequently, connected Miscellaneous Petitions are closed. 28.04.2022 gbi Index :Yes/No Internet :Yes/No To The IV Additional City Civil Judge, Chennai.

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S.KANNAMMAL. J., gbi 28.04.2022 6/6