Madras High CourtAS/43/2011settled before the lokadalats

Mr.P.Subramanian v. Indian Bank

2016-02-10Honourable Mr Justice P.Thangavel(Lok-I)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 10th day of February, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.M.Mohamed Ismail Mr.M.Boopathy A.S.No.43 of 2011 (This Appeal Suit is filed to set aside the judgment and decree dated 24.07.2009 made in I.A.No.92 of 2006 in O.S.No.3 of 1998 passed by the learned IV Fast Track Judge, Ponneri) P. Subramanian .. Appellant Vs.

1.Indian Bank Manali New Town Branch, Chennai - 600 103.

2.S.Gajarajan .. Respondents (R-2 was set ex parte before the Tribunal) This case came up for settlement before the Lok Adalat. Mr.P.Subramanian, appeared as party-in-person for the appellant and Mr.V.K.Parthasarathy, appeared as party-in-person for the respondent/Bank.

TERMS OF SETTLEMENT The appeal in A.S.No.43 of 2011 pending on the file of High Court, Madras and preferred against the final decree passed in I.A.No.92 of 2006 in O.S.No.3 of 1998 on the file of the learned FTC IV, Ponneri on 24.07.2009 has been referred to Lok Adalat for conciliation today.

2. The appellant, Mr.P.Subramanian, who is the first defendant before the trial court and first respondent, Indian Bank, who is the plaintiff before the trial court, represented by Mr.V.K.Parthasarathy, Senior Manager, are present before Lok Adalat for conciliation today.

3. After great deliberation and discussion, both the parties have compromised the disputed claim by making endorsement on the appeal memorandum to the effect that the appellant, Mr.P.Subramanian shall pay a sum of Rs.50,000/- (Rupees Fifty Thousands only) towards full quit of the claim within two months from this date and on payment of the above said amount to the Indian Bank viz., the first respondent herein, the said Bank shall handover the documents of the appellant entrusted to the Bank in connection with the borrowing of money from the said Bank by the appellant. It is also further agreed as seen from the endorsement that the appellant shall pay the amount as ordered in the decree by the trial court and this appeal shall stand dismissed.

4. In view of the above said compromise arrived at between both parties, the Lok Adalat hereby declare and decree that the appellant shall pay a sum of Rs.50,000/-(Rupees Fifty Thousands only) to the first respondent/ Bank, who is the plaintiff before the trial court, within two months from this date, failing which, the appeal shall stand dismissed and the appellant shall pay the amount due to the above said Bank as decreed by the trial court. On payment of the above said sum of Rs.50,000/-(Rupees Fifty Thousands only) within the stipulated time by the appellant to the first respondent / Bank, the said Bank shall return all documents handed over by the appellant to the first respondent/Bank immediately without making any delay. No order as to costs. Award is passed accordingly. Sd/- P. Subramanian Party-in-person Sd/- Indian Bank Manali New Town Branch, Chennai - 600 103.

The full Court fee paid shall be refunded to the appellants 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. Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The learned IV Fast Track Judge, Ponneri.

2.The Secretary, High Court Legal Services Committee, Chennai.

3.The Section Officer, V.R.Section, High Court, Madras.

4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies.

A.S.No.43 of 2011 cnr(CO) srg(14/03/2016)