Madras High CourtCS/78/2019dismissed for not pressed

Rajesh Mithalal v. Ashok Kumar M

2022-03-12Honourable Mr. Justice Malai Subramanian (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 12th day of March, 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members

1. Mr.K.Balasubramanian

2. Mrs.S.S.Jothi Vani C.S.No.78 of 2019 (Civil Suit filed under Order IV Rule I of O.S. Rules read with Order VII Rule I of C.P.C. for the following reliefs : a.

Directing the defendant to render proper accounts for the collection of the rents from tenants in occupation of the 1st plaintiff's erstwhile portion of property bearing No.1 (Old No.49), Nattu Pillayar Koil Street, Sowcarpet, Chennai - 600 001 for the period from 28.06.2001 being the date of execution of the power of attorney till 24.01.2017, the date of cancellation of the power of attorney and thereafter directing the defendant to remit such ascertained amount to the 1st plaintiff.

b. Directing the defendatnt to refund to the plaintiffs a total sum of Rs.6,50,33,655/- (Rupees Six Crores Fifty Lakhs Thirty Three Thousand Six Hundred and Fifty Five only) earlier admittedly withdrawn by him from both of the plaintiffs' N.R.I. bank accounts as their agent under the suit general power of attorney dated 28.06.2001, register as Document No.202 of 2001 together with future interest from the date of the plaint till the date of realization @ 18% c.

Direct the 1st Defendant to pay the cost of the suit; d. For such further or other reliefs as may be deemed fit and proper in the circumstances of the case;

1. Dr.Rajesh Mithalal

2. R.Vanitha .. Plaintiffs Vs.

M.Ashok Kumar ...Defendant On representation of the learned counsel on either side, this case is taken up for settlement before the Lok Adalat. Mr.A.K.Raghavulu, learned counsel for the plaintiffs and Mr. P.Ramesh Kumar, learned counsel for the Defendant are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT The learned counsel for the plaintiffs as well as the defendant are present before the Adalat.

2.The learned counsel for the plaintiffs reports that the dispute has amicably been settled between the brothers and there is no further lis. He has also made an endorsement to that effect in the plaint.

3. In view of the submission of the learned counsel for the plain tiffs and the endorsement made by him, the suit stands disposed of as withdrawn. No costs.

Counsel for the Plaintiffs Counsel for the Defendant

This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the first plaintiff in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member Enclosure :

1.Joint memo of settlement 2.No objection letter To The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, O.S.Section, SAR, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras. mkn

MALAISUBRAMANIAN, J.(Retd.) mkn C.S.No.78 of 2019 12.03.2022