Nikita Agency v. Sai Jayini Housing Promoters
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.06.2024
CORAM
THE HONOURABLE Mr. JUSTICE P.VELMURUGAN 1.
Nikita Agency Represented by Prop : Smt.Kusum Devi More, No.356, Mint Street, Chennai - 600 079.
2.
Raja Ram More No.356, Mint Street, Chennai - 600 079.
... Plaintiffs Vs.
1.
Sai Jayini Housing Promoters Pvt.Ltd., Represented by Managing Director L.Senthil Kumaran Registered Office at No.25, Govindan Road, West Mambalam, Chennai - 600 033.
2.
L.Senthil Kumaran Director Registered Office at No.25, Govindan Road, West Mambalam, Chennai - 600 033.
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3.
Soughat Rana W/o.Senthil Kumaran, Director, Sai Jayini Housing Promoters Pvt.Ltd., Registered Office at No.25, Govindan Road, West Mambalam, Chennai - 600 033.
4.
R.Mahalakshmi W/o.Ramanathan, Director Sai Jayini Housing Promoters Pvt.Ltd.
Registered Office at No.25, Govindan Road, West Mambalam, Chennai - 600 033.
.. Defendants Prayer:- Civil Suit has been filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of Code of Civil Procedure for a judgment and decree against the defendants on the following terms : a) directing the defendants to pay to the plaintiffs a sum of Rs.1 crore and 48 lakhs together with further interest at 3% per month on the principal sum of Rs.1 crore from the date of the suit till the date of realization.
b) for specific performance of the terms of the Memorandum of Understanding entered between the defendants and the plaintiffs dated 2/12
01.03.2006 and as confirmed by the affidavit of the Managing Director of the first defendant dated 01.03.2006; and consequentially; c) for permanent injunction restraining the defendants, their men and agents and also servants, or any other persons claiming through them from executing and registering documents of sale of whole or part of the property forming the subject matter of the project ''Saikings Dale'' except through the 2nd plaintiff d) costs of this suit.
For Plaintiff :
Mr.T.S.Baskaran For Defendants :
Mr.K.Surendranath --------
J U D G M E N T
This Civil Suit is listed under the cause list caption ''For Recording Memo of Compromise''.
2. Mr.T.S.Baskaran, learned counsel on record for plaintiffs and Mr.K.Surendranath, learned counsel on record for defendants are before this Commercial Division.
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3. Both learned counsel submit that lis was placed before the 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' [hereinafter 'TNMCC' for the sake of brevity], lis has since been settled and compromise agreement dated 26.06.2024 has been entered into between the parties.
4. Mediation report placed before this Commercial Division shows that referral to mediation was on 22.02.2024 and after seven mediation sessions, a compromise agreement i.e., 'Mediated Settlement Agreement dated 26.06.2024' [hereinafter 'said agreement' for the sake of convenience and clarity] has been entered into.
5. Both learned counsel, by referring to the said agreement request for a compromise decree in the above suit in terms of said agreement.
6. A scanned reproduction of letter dated 26.06.2024 from TNMCC under cover of which, the aforementioned mediation report and said agreement have been sent to this Commercial Division are as follows: 4/12
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7. By referring to the aforementioned said JMOC, both learned counsel submit that the same was signed by both parties in the presence of one another. Today, both parties are also present before this Court and submit that they understood the terms of said JMOC and they admitted their signatures.
8. In the light of the above, the Civil Suit is decreed in terms of said agreement which shall form part of the decree. There shall be no order as to costs. Consequently, connected pending applications, if any, are closed.
28.06.2024 Index: Yes/No Speaking Order : Yes/No ms 11/12
P.VELMURUGAN, J ms C.S.No.825 of 2008 28.06.2024 12/12