Saradha Nair v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No. 5005 of 2024 Saradha Nair ....... Petitioner Vs 1.Union of India Ministry of Human Resources Development Shastri Bhavan, New Delhi Represented by its Secretary.
2.The Lawrence School Lovedale, Ooty, Tamil Nadu - 643 003 Represented by its Headmaster 3.Board of Governors Lawrence School, Lovedale, Ooty Tamil Nadu - 643 003 Represented by its Chairman ....... Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the order dated 02.11.2023 in CFR.No.4132 of 2023 in O.S.No.22 of 2014 pending on the file of the District Judge, Nilgiris, Udhagamandalam.
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For Petitioner:
M/s.Subhang P.Nair Pavithra Venkateswaran For Respondents:
Mr.B.Giridhara Rao for R2 and R3 R1-given up
ORDER
This petition has been filed seeking to set aside the order dated 02.11.2023 in CFR.No.4132 of 2023 in O.S.No.22 of 2014 pending on the file of the District Judge, Nilgiris, Udhagamandalam.
2. Today when the matter is taken up for hearing, the learned counsel for the petitioner submitted that the matter has been amicably settled between the parties and the respondent has received a sum of RS.7,00,000/- by way of demand draft bearing No.178056 dated 15.04.2025. In this regard, he also filed a Memo dated 25.04.2025 and the same is extracted hereunder: " 1. It is submitted that the parties to the present CRP, i.e., CRP No. 977 of 2024, after mutual discussion, have reached a settlement.
2. The Petitioner, Mrs. Sarada Nair, has authorised us, her counsel, to withdraw the present CRP, after receipt Page No:2/6
of the Demand Draft for an amount of Rs.7,00,000/-(Rupees Seven Lakhs Only), from the Respondents. A notarized copy of the letter dated 14.04.2025, giving us the authority to accept the settlement on her behalf, has been dispatched from her residence in Wellington, New Zealand, as early as on 15.04.2025. However, for reasons outside the control of the party or her counsel, the letter has still not reached her counsel here in Chennai, India. A printout of the soft copy of the letter, along with the covering email evincing that it was sent by Mrs.Sarada Nair, is annexed hereto as Annexure 1.
3. The Petitioner has also, by another email dated 16.04.2025, given her counsel the authority to accept and handle a Demand Draft, for the aforesaid amount, on her behalf. A copy of the said email dated 16.04.2025 is annexed hereto as Annexure 2.
4. It is submitted that the letter states the Petitioner's acceptance of the amount of Rs.7,00,000/- (Rupees Seven Lakhs Only), as full and final settlement of her claims under both this CRP No. 977 of 2024 as well as O.S.No. 22 of 2014 pending on the file of the Hon'ble District Judge, Nilgiris at Udhagamandalam.
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5. In light of the above, the Counsel for the Petitioner humbly submits, that Demand Draft bearing No. 178056 dated 15.04.2025 for a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) issued by the State Bank of India, Lovedale Branch drawn in favour of Mrs. Saradha Nair, the Petitioner herein, has been received by us from the Counsel for the Respondents, the present CRP, CRP No. 977 of 2024, and O.S.No. 22 of 2014 pending on the file of the Hon'ble District Judge, Nilgiris at Udhagamandalam may be treated as dismissed as settled out of Court. An endorsement to that effect will be made by the Counsel on Record, in this Hon'ble Court's bundle.
6. It is also prayed that this Hon'ble Court may be pleased to direct the Hon'ble District Judge, Nilgiris at Udhagamandalam to treat the said suit O.S. No. 22 of 2014 filed by Mrs. Saradha Nair, the Petitioner herein as dismissed as Settled out of Court and also granting liberty to the petitioner to seek a refund of court fee."
3. Recording the Memo dated 25.04.2025 filed by the petitioner, this Civil Revision Petition is disposed of in terms of settlement. In view of the settlement arrived at between the parties and the Memo dated 25.04.2025 filed Page No:4/6
to that effect, the District Judge, Nilgiris, Udhagamandalam is directed to dismiss the suit pending in O.S.No.22 of 2014 as settled out of Court and the petitioner is also entitled for refund of court fee. The memo dated 25.04.2025 filed by the petitioner shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.
25.04.2025 msv Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary Union of India Ministry of Human Resources Development Shastri Bhavan, New Delhi
2. The District Judge, Nilgiris, Udhagamandalam. Page No:5/6
A.D.JAGADISH CHANDIRA J.
msv and C.M.P.No. 5005 of 2024 25.04.2025 Page No:6/6