G.R.Sreedaran v. G.R.Alavandar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 16th day of August, 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Members:

Mr.V.C.Suresh Mr.Kapoor Chordia Second Appeal No.585 of 2014 (Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 11.02.2014 in A.S.No.494 of 2012 on the file of III Additional City Civil Court, Chennai, reversing the judgment and decree dated 21.09.2010 in O.S.No.1523 of 2007 on the file of XI Assistant City Civil Court, Chennai).

G.R.Sreedaran ..Appellant/Plaintiff /vs/ G.R.Alavandar ..Respondent/Defendant This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Nandhini Devi, learned counsel appearing for the appellant and Mr.J.Balagopal, learned counsel appearing for the respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

JUDGEMENT Both the parties and their respective counsel are present.

2.Today, Demand Draft for Rs.50,000/- (Rupees fifty thousand only) is handed over by the respondent to the appellant (HDFC Bank, D.D.No.011284, dated 16.08.2016). The respondent had already deposited a sum of Rs.1,00,000/- (Rupees one lakh only) before the Trial Court and the appellant had also withdrawn the same. Another a sum of Rs.1,00,000/- (Rupees one lakh only) has already been deposited before the Registry, High Court, Madras. Now, the respondent agrees that the appellant can withdraw a sum of Rs.1,00,000/- along with accrued interest from the Registry of High Court, Madras. Settlement is recorded

accordingly.

The Second Appeal is disposed of. Consequently, connected Miscellaneous Petition is also closed. sd/- sd/- G.R.Sreedaran Counsel for the Appellant sd/- sd/- G.R.Alavandar Counsel for the Respondent The Court fee paid shall be refunded to the parties in the manner provided under 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/- sd/- Judge sd/- Member Member 16.8.2016 The matter having been listed under the Caption "For being mentioned"on Friday the Ninth day of December 2016, pursuant to the Lok Adalat and subsequent to the order of Lok Adalat II Dt.16.8.16 and of made herein in the presence of the aforesaid counsels on the eitherside the court made the following order: The matter is posted today for being mentioned. An award was already passed on 16.8.16 and it is stated that a sum of Rs.1,00,000/- has already been deposited before the Registry, High Court, Madras. Now parties filed a memo today saying that the sum of Rs.1,00,000/- has been deposited in OS.No.1523/07 on the file of XI Assistant, City Civil Court, Chennai. Hence the order is modified as follows:

"The sum of Rs.1,00,000/- deposited in O.S.1523/07 on the file of XI Assistant, City civil Court, Chennai and the appelalnt can withdraw this amount also along with accrued interest from XI Assistant City Civil Court, Chennai. The award is modified accordingly and in other respects the award already passed stands confirmed."

Sd/- Asst.Registrar (CS-IV) Dt.29.8.16 *Corrected as per the order of the Lok Adalat-I dt.9.12.16 made in SA.585/14 sd/- Assistant Registrar Dt.16.12 /true copy/ Sub Asst. Registrar

To The parties/Advocate concerned Copy to *To be substituted for 1.III Additional City Civil Court, the orders already Chennai.

despatched on 30.8.16 2.XI Assistant City Civil Court, Chennai.

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

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

5.The Section Officer, Lok Adalat Section, High Court, Madras.

tm(co) eu(29/8) krd 16/12 S.A.No.585 of 2014