Madras High CourtSA/933/2010settled before the lokadalats

M/S Deepak Sawhney, The Sole v. M/S Lufthansa Cargo Ag

2022-02-16Honourable Mr.Justice A.Ramamurthi(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI LOK ADALAT-I ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE WEDNESDAY, THE 16TH DAY OF FEBRUARY, 2022 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 MEMBER MR.T.RAMASAMY, DISTRICT JUDGE, RETD.

S.A.NO.933 OF 2010 PRAYER:- Second Appeal filed to allow the Second Appeal by setting aside the Judgment and Decree dated 24.04.2008 made in A.S.No.406 of 2007 on the file of the VI Additional City Civil Court, Chennai confirming the decree and judgment made in O.S.No.6981 of 1999 dated 21.11.2006 on the file of the III Assistant City Civil Court, Chennai pass a decree and judgment in favour of the 2nd appellant/2nd plaintiff as prayed for in the plaint.

1. M/s.Deepak Sawhney, The Sole Proprietor of Pals Enterprises, Having its Registered office at No.161, Anna Salai, Chennai, Represented by Power Agent/Subrogee, M/s United India Insurance Co.Ltd.

2. M/s.United India Insurance Company Limited, Having their Registered office at No.24, Whites Road, Chennai - 600 014, Carrying on business among other Places through their Branch Office at Gee Gee Complex, III floor, No.42, Anna Salai, Chennai - 600 002, Who are in turn represented by their Principal Officer/Divisional Manager.

... Appellants

.Vs.

1. M/s.Lufthansa Cargo AG, Having their Principal place of business at Langer kornweg, 341, D-65451, Kelsterbach and carrying on business Among other places at Madras Through their local agent.

M/s.Lufthansa Cargo India Pvt. Ltd., At Precision Plaza, II floor, 281, Mount Road, Tenampet, Chennai - 600 018.

2. M/s.Lufthansa Cargo India Pvt. Ltd., At Precision Plaza, II Floor, 281, Mount Road, Teynampet, Chennai - 600 018.

... Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.Nageswaran Narichania, Counsel for the appellants and Mr.A.R.Gokulnath for the respondents 1 and 2. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT Assistant Manager K.P.Diviyaraj, representing the second appellant and Manager Gururaj representing the respondents. Both counsel present. They filed a Joint Memo of Compromise duly signed by the parties and counsel and the same is recorded. A cheque of Rs.1,50,000/- is handed over by the respondent to the second appellant who received the same and acknowledged.

2. The Second Appeal is disposed of accordingly and Joint Memo of Compromise filed and recorded shall form part of the decree. Consequently connected Miscellaneous petition is/are closed, if any.

3. The full Court fee shall be refunded to the second appellant 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 and there shall be no demand for additional Court fee.

* Xerox Copy of Joint Memo of Compromise is attached.

M/s United India Insurance Company Limited, Having their Registered office at No.24, Whites Road, Chennai - 600 014.

Carrying on business among other Places through their Branch Office at Gee Gee Complex, III floor, No.42, Anna Salai, Chennai - 600 002, Who are in turn represented by their Principal Officer/Divisional Manager.

Counsel for the 2nd Appellant

1. M/s.Lufthansa Cargo AG Having their Principal place of business at Langer kornweg, 341, D-65451, Kelsterbach and carrying on business Among other places at Madras through Their local agent.

M/s Lufthansa Cargo India Pvt.Ltd At Precision Plaza, II floor 281, Mount Road, Tenampet, Chennai - 600 018.

2. M/s.Lufthansa Cargo India Pvt. Ltd., At Precision Plaza, II floor 281 Mount Road, Teynampet, Chennai - 600 018.

Counsel for the Respondents 1 & 2 Judge Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar adl

To: The parties/Advocate concerned Copy To:- 1.

The VI Additional City Civil Court, Chennai.

The III Assistant City Civil Court, Chennai.

The Secretary, High Court Legal Services Committee, Chennai.

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

The Section Officer, Lok Adalat Section, High Court, Madras. (+2 copies) +1cc to Mr.Nageswaran Narichania, Advocate, S.R.No.9964 S.A.NO.933 OF 2010 NR(CO) PBS/25/02/2022