Raja Alagappan v. S.Parvathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-12-2024

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN O.A No.211 of 2023 in C.S.No.6 of 2020 MR.B.RAKESH BOHARA VILLA 10/18, STREET 22B, AL SFA 1, JUMEIRA, DUBAI, U.A.E.

APPLICANT(S) Vs B.RAMESHCHAND AND 10 OTHERS N.NO.23, N.NO.45, CHENGALVARAYAN STREET, TRIPLICANE, CH-5 AND 10 OTHERS RESPONDENT(S) For Applicant(s):

M/S. ARUN KARTHIK MOHAN SUHRITH PARTHASARATHY For Respondent(s):

M/S.S.MUTHUKUMAR (964/93) S.USHA RANI (160/16) S.MYTHLI (3154/22) FOR R11 - D.NO.11903/2023 FILED ON 17.04.2023 NO.109, LC, HCB, CH-104 (PH: 9840087650) M/S.M.R.GOKUL KRISHNAN(531/2007) K.SANKAR VIGNESH(1816/2016) S.GOPINATH(7703/2022) T.A. MOHAMMED SALIHU(5782/2022) FOR D9- D.NO.16349 /23 FILED ON 13.6.2023 FOR D10- D.NO. 16348/23 FILED ON 13.6.2023 (III FLOOR, YMCA BUILDINGS, 223, N.S.C.

BOSE ROAD, CHENNAI-019962549483) 1/5

ORDER

The learned counsel appearing for the plaintiff and the 1st and 2nd respondents states that the mediation process is under way and seeks two months time for the Mediator's report.

2. The learned counsel appearing for the respondents 3 and 4 states that as far as these respondents are concerned, there is no claim and their rights has already been ascertained and settled.

3. The learned counsel for the 11th respondent states that the purchaser from 1st and 2nd respondents has filed a memo stating that the fees fixed by the Mediator is on higher side, since he was appointed by the High Court, the mediation must be free of costs.

4. The learned counsel appearing for the plaintiff as well as the 1st and 2nd respondents submits the dispute is between the plaintiff and the respondents 1 and 2. Therefore, they are ready to share the expenses and fees of the Mediator among themselves and will not ask the 11th respondent to share the expenses of Mediation. 2/5

5. The counsel for the plaintiff and the defendants 1 and 2 has made an endorsement in the memo filed by the 11th defendant expressing that they undertake to bear the mediation fees equally.

6. It is open to the Mediator to fix the fees which is agreed to be shared by the plaintiff and the defendants/respondents 1 and 2.

7. In the light of the above fact, the apprehension expressed by the 11th defendant and the endorsement made by the counsel, there is no impediment for the 11th defendant to participate in the mediation process.

8. Post the matter after two months or soon after the receipt of the Mediator's report.

13.12.2024 Vv To

1. B.RAMESHCHAND AND 10 OTHERS N.NO.23, N.NO.45, CHENGALVARAYAN STREET, TRIPLICANE, CH-5

2. R.USHA 3/5

N.NO.45, CHENGALVARAYAN STREET, TRIPLICANE, CH-5

3. B.VIJAYRAJ NO.51, 1ST MAIN RD. NEW COLONY, CHROMEPET, CH-44

4. V.SAROJA NO.51, 1ST MAIN RD. NEW COLONY, CHROMEPET, CH-44

5. KANTHA LAXMAN SANCHETI NO.25, KOLADI RD. DEVI NAGAR, THIRUVERKADU, CH-77

6. PRABHA MAMMAL JAIN 7B, IIND BLOCK, 123, BRICKLIN RD. PURASAWALKAM, CH-7

7. PRADEEP STAINLESS INDIA PVT.LTD.

C-D, PHASE-II, 3RD MAIN RD. MEPZ-SPECIAL ECONOMIC ZONE, TAMBARAM, CH-45

8. GAJRABAI BHAWARLAL BOHARA W/O.LATE BHAWARLAL BOHARA RESIDING AT NO.51 1ST MAIN ROAD, NEW COLONY, CHROMPET, CHENNAI 600 044.

9. MR. DEEPAK RAMESHCHAND S/O R.RAMESHCHAND OLD NO.23, NEW NO.45, CHENGALVARAYAN STREET, TRIPLICANE, CHENNAI 05.

10. MR.DARSHAN RAMESHCHAND S/O B.RAMESHCHAND, OLD NO.23, NEW NO.45, CHENGALVARAYAN STREET, TRIPLICANE,CHENNAI - 600 005.

11. MR.M.SAMPATHRAJ JAIN OLD D.NO.30, NEW D.NO.24, JAMBULINGAM STREET, NUNGAMBAKKAM, CHENNAI - 600 034.

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Dr.G.JAYACHANDRAN.J Vv O.A No. 211 of 2024 in C.S.No.6 of 2020 13.12.2024 5/5