M/S.Vinjane Centre Partnership Firm v. Hexaware Technologies Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.08.2024
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.No.203 of 2008 M/s. Vinjane Centre, Partnership Firm, Rep.by its Partners, 1.Mr. Cleetus Vincent, 2.Mrs. Imelda Cleetus ... Plaintiffs
Versus
1.Hexaware Technologies Limited, Rep. by its Chairman, Mr. Atul. K. Nishar 2.Hexaware Technologies Limited, Rep. by its Executive Director, Mr. P.K. Srdharan 3.M/s. Aban Groups, Rep.by its Managing Director, Mr. Regi Abraham ... Defendants PRAYER: Civil Suit plaint filed under Order IV Rule 1 of the O.S. Rules r/w Order VII Rule 1 of Civil Procedure Code, pleased to pass a Judgment and Decree in favour of the Plaintiffs and against the Defendants: (a) directing the 1st and 2nd defendants to pay a sum of Rs.9,29,78, 1/7
369/- to the plaintiffs with further interest at the rate of 24% from the date of filing of the suit till the date of realization; (b) directing the defendants to quit and deliver vacant possession of the schedule A and B mentioned properties;
(c) directing the 1st and 2nd defendants to pay a sum of Rs.14,57,345/- being the future damages towards the schedule mentioned properties agreed under the various agreements payable on or before 10th of every succeeding English calendar month without any default from the date of filing the plaint till vacating and handing over the vacant possession; (d) for a permanent injunction restraining the defendants, their men, agents, staffs or subordinates or any other person claiming through them or on behalf of from in any way parting with possession or subletting or inducting third parties in respect of the schedule mentioned properties; (e) for costs of the suit.
For Plaintiff : Mr. Ashok Menon For Defendants : M/s. Arva Merchant (for D1 to D2) : Ex-parte - D3.
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J U D G M E N T
By order dated 23.02.2024, the matter was referred to the Mediation Centre annexed to this Court. Pursuant thereto, the parties reached a settlement and reduced such settlement into writing under Settlement Agreement dated 25.06.2024. Such Settlement Agreement has been placed on record. The plaintiff has signed the Settlement Agreement through the Managing Partner, Mr. Cleetus Vincent, and the defendant has executed the same through Ms. Anruta Yadav, authorized signatory.
2. The plaintiffs and the first and second defendants are represented through their respective counsel.
3. The settlement agreement provides, in relevant part, as under:- "1.1. The parties mutually agree to the following terms of the settlement:
1.11. Against Vinjane's claims of, inter alia, (i) INR 9,29,78,369/-(Rupees Nine Crores Twenty Nine Lakhs Seventy Eight Thousand Three Hundred and Sixty Nine Only) with interest 3/7
at 24% towards licence fees, amenities charges, maintenance charges, garden charges, car parking charges, service tax, damages to the premises and amenities an interest on outstanding amount and, (ii) INR 14,57,345/- (Rupees Fourteen Lakhs Fifty Seven Thousand Three Hundred and Forty Five Only) towards future damages in relation to the suit property as set out in the Suit, Hexaware has (subject to terms of this Settlement Agreement) agreed to pay and Vinjane has agreed to receive a full and final settlement sum of INR 4,50,00,000- (Rupees Four Crores Fifty Lakhs Only) to be paid strictly in the manner as set out herein below ("Settlement Amount").
1.1.2 Hexaware will pay Vinjane a lumpsum amount of INR 4,50,00,000- (Rupees Four Crores Fifty Lakhs Only), (inclusive of all applicable taxes), subject to the direction of the Hon'ble Madras High Court on deduction of tax deductible at source, i.e., TDS, by Hexaware 4/7
at the time of making payment of the Settlement Amount to Vinjane, by way of RTGS to the account details to be provided by Vinjane to Hexaware as per Clause 1.13, within 15(fifteen) business days from date of receipt of fair order, decree and judgment to be passed in the Suit by the Hon'ble Madras High Court or the web copy of the order of the Hon'ble Madras High Court in the Suit as made available on its website.
1.1.3. The details of the bank account of Vinjane to which the payment is tobe made shall be provided by Mr. Ashok Menon, advocate on record for Vinjane to Hexaware. The same can be recorded by the Hon'ble Court in the order to be passed in the Suit in terms of the Settlement Agreement."
4. On perusal of the plaint, it appears that the total claim of Rs.9,29,78,369/- (Rupees Nine Crores Twenty Nine Lakhs Seventy Eight Thousand Three Hundred and Sixty Nine Only), included a component of damages of Rs.80,00,000/- (Rupees Eighty Lakhs Only). The plaintiffs have 5/7
through mediation agreed to a settlement amount of Rs.4,50,00,000/- (Rupees Four Crores Fifty Lakhs Only), inclusive of all applicable taxes. I see no legal impediment to issuing a decree in terms of such Settlement Agreement.
5. Therefore, C.S.No.203 of 2008 is disposed of in terms of Settlement Agreement dated 25.06.2024. Such settlement agreement shall form an integral part of the decree. Since such settlement was arrived at pursuant to the reference to the Mediation Centre, the Registry is directed to refund the Court fee to the plaintiff.
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SENTHILKUMAR RAMAMOORTHY,J klt C.S.No.203 of 2008 19.08.2024 7/7