← Library
Madras High CourtWP/23011/2010closed

S.Nagarajan v. The Government Of Tamilnadu

2023-11-29Honourable Dr Justice Anita Sumanth4 pages

2023:MHC:5249

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.1 of 2010 (2 Nos.) S.Nagarajan Proprietor of Srinivasa Textiles No.41, Patel Road Palladam - 641 664, Tirupur District ... Petitioner in both W.P.'s Vs 1.The Government of Tamil Nadu represented by its Secretary Commercial Taxes & Registration Department Fort St.George, Chennai 600 009 2.The Deputy Registrar of Chits Tiruppur-2.

3.M/s.T.V.R.Chit Funds Pvt Ltd by its Managing Director Thiru V.Ramaswamy No.30 K.S.C School Street Tiruppur ... Respondents in both W.P.'s Pg.No.1/4

PRAYER in W.P.No.23011 of 2010: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the respondents, especially the order of the 1st respondent dt 3/8/2010 in G.O.(D) No. 287 Commercial Taxes and Registration (G) Department, confirming the Arbitration Award passed by the 2nd respondent in ARC No. 41 of 2003 dt 05/04/2004 on the file of Deputy Registrar of Chits , Tiruppur and quash the same.

PRAYER in W.P.No.23012 of 2010: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records of the respondents, especially the order of the 1st respondent dt 03/08/2010 in G.O.(D) No. 286, Commercial Taxes and Registration (G) Department, confirming the Arbitration Award passed by the 2nd respondent in ARC No. 40 of 2003 dt 05/04/2004 on the file of Deputy Registrar of Chits, Tiruppur and quash the same.

In both W.P.'s For Petitioner : Mr.M.Anandakumar for M/s.V.Ramesh For Respondent : Mr.P.Ananda Kumar (R1 & R2) Government Advocate Mr.R.Bharath Kumar (R3) C O M M O N O R D E R Mr.M.Anandakumar, learned counsel appearing for the petitioner and Mr.P.Anandakumar, learned Government Advocate for R1 and R2 and Pg.No.2/4

Mr.R.Bharath Kumar, learned counsel for R3 state that the matter has been settled before the learned Mediator and an agreement has been entered into between the parties on 21.02.2014.

2. The agreement reads thus:

1. It is agreed that on payment of Rs.4,78,000/- in respect of W.P.No.23011/2010 and Rs.8,09,000/- in respect of W.P.No.23012/2010 totalling Rs.12,87,000/- + interest of Rs.7,70,000/- for both the writ petitions totalling Rs.20,57,000/- by the petitioner to the 3rd respondent as full and final settlement in respect of both the writ petitions to be paid in two instalments as detailed below:

a. Rs.10,27,000/- to be paid on or before 31.03.2014 b. Rs.10,30,000/- to be paid on or before 27.04.2014

2. On payment of the above said Rs.20,57,000/-, the respondents shall not have any claim against the petitioner.

3. Since the 1st and 2nd respondents are only formal parties, they did not participate in the mediation.

4. The Hon'ble Court may pass orders on the above terms.

3. The settlement agreement dated 21.02.2014 shall form part and parcel of this order.

Pg.No.3/4

Dr.ANITA SUMANTH,J.

4. These Writ Petitions and the connected Miscellaneous Petitions are closed as settled. No costs.

29.11.2023 Index : Yes / No Speaking order sl To 1.The Government of Tamil Nadu represented by its Secretary Commercial Taxes & Registration Department Fort St.George, Chennai 600 009 2.The Deputy Registrar of Chits Tiruppur-2.

& WMP.Nos.1 of 2010 (2 Nos.) Pg.No.4/4