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Madras High CourtCS/751/2015dismissed as settled out of court

Mr.R.Rajasankar v. N.Seshadri Kumar @ N.S.Kumar

2024-06-11Honourable Mr Justice P.B. Balaji3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI C.S.No.751 of 2015 R.Rajasankar ....Plaintiff Vs.

N.Seshadri Kumar @ N.S.Kumar ....Defendant PRAYER: Plaint filed under Order VII Rule 1 of CPC r/w Order IV Rule 1 of the O.S.Rules, praying to pass judgment and decree against the defendant:- a) Directing the defendant to repay the sum of Rs.10,00,000/- (Rupees Ten Lakhs only) along with an interest of Rs.12,05,917/- (Rupees Twelve Lakhs Five Thousand Nine Hundred and Seventeen only) at the rate of 24% per annum from 18.03.2010 till the date of filing this suit and further interest @ 24% till the date of realization; b) Directing the defendant to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only) as compensation for breach of the promise made in the receipt dated 18.03.2010, defaming the name and reputation of the plaintiff, mental agony and severe loss of business caused to the plaintiff on account of defendant's false complaint; c) To award costs and d) To grant such further or other relief as this Court may deem fit and proper in the circumstances of the case.

For Plaintiff : Mr.R.Vivekanandan For Defendant : Mr.Niranjan Rajagopalan - - - - -

J U D G M E N T

The learned counsel for the parties present and a Joint Compromise Memorandum is signed by the plaintiff and the defendant as well as their respective counsel is filed.

2.The parties have recorded in the Joint Compromise Memorandum that the defendant has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) in full and final settlement of the suit claim and seeks withdrawal of the suit and refund of Court fee as per rules. 3.The said memo of compromise dated 08.06.2024 is taken on file and recorded.

4.The Civil Suit is dismissed as settled out of Court. There shall be no order as to costs. The plaintiff shall be entitled to refund of Court fee, subject to statutory deduction, if any, by following the procedure for refund.

11.06.2024 ata

P.B.BALAJI, J.

ata C.S.No.751 of 2015 11.06.2024