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Madras High CourtEP/44/2015closed

R. Ravinder Kumar v. M/S. Pamban Apparels Limited

2022-08-29Honourable Mr.Justice S.Marimuthu (Retd.)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 29 th day of August 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Member Mrs.M. Rajalakshmi ( District Judge Retired) E.PNo.44 of 2015 in C.S.No.426 of 2003 (To execute the Judgment and decree dated 19.03.2010 by issuing a warrant of arrest towards 3rd and 5th defendants/Judgment debtors in C.S.No.426 of 2003 and pass orders.) R. Ravinder Kumar S/o Late G. Rishabchand VII-1, C Kances Enclave 1, Ramakrishnan Street T. Nagar, Chennai 600 017 Currently residing at Rishab House, 30, Govindu Street, T. Nagar, Chennai 600 017 ..Decree Holder/ Plaintiff Vs.

1. M/s Pamban Apparels Limited No.230, Vaigai Dam Road, Kanavi Taluk, Koilpatti Village, Aandipatti, Theni District 620 512

2. R. Ashok

Theni, Vaigaiyur - 626 531.

3. G. Kumar S/o R. Gopalan Theni, Vaigaiyur - 600 083.

4. R. Gopalan S/o V. K. Ramanujam E-52, R.B.I, Quarters Besant Nagar, Chennai - 90

5. G. Madan No.230 Vaigai Road, Kanavai Taluk, Kovilpatti Village, Aanddipatti, Theni District- Pin code- 620 512.

6. M/s Pamban Soft ware Ltd No.230, Vaigai Dam Road, Kanavai Taluk, Kovilpatti Village, Aanddipatti, Theni District- Pin code- 620 512. .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. M/s Nirmaleswar.T, Counsel for the Decree holder and Mr.P.Jesus moris Ravi for for the defendants. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT This suit was filed by the Plaintiff/Decree Holder for recovery of money as against the 6 defendants. The plaintiff advanced loan to the first respondent Company/M/s Pamban Apparels Limited and other defendants 2-5 are the Directors of the first defendant company. The suit was decreed

by the High Court in C.S.No.426 of 2003. For the execution of the decree this petition E.P.No. 44 of 2015 was filed by the decree holders/ plaintiffs as against the third respondent/G.Kumar who is one of the Directors. At this stage the suit has been transferred to this forum by the Regular court for settlement.

2. The Decree holder Ravindra Kumar with his Advocate and the 3rd defendant/G.Kumar with his Advocate were present.

3. We had a lengthy discussions with the parties and the respective counsels. Both the parties have also filed a Joint memo of compromise which also was signed by the parties(plaintiff and the third defendant) and their respective counsels.

4. The Joint memo of compromise is recorded by us. In terms of the joint compromise memo state above the award is passed and the joint memo of compromise shall form part of the order passed by us. Any other dispute in respect of the decree amount this Joint memo of compromise will not be a bar.

Recording all the facts as stated above, this petition is disposed of. S/o Late G. Rishabchand VII-1, C Kances Enclave 1, Ramakrishnan Street T. Nagar, Chennai 600 017 Counsel for the Decree Holder G. Kumar S/o R. Gopalan Theni, Vaigaiyur - 600 083.

..

Counsel for the Judgment Debtor

Syamala Kumar W/o G. Kumar This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the 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.

Judge Member To:The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

S.MARIMUTHU, J.(Retd) smn E.P.no.44 of 2015 in C.S.No.426 of 2003 29.08.2022