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Madras High CourtCS/120/2024closed

Mr.Balaji Radakrishnan v. Sri Bala Nanda Educational Trust And 6 Others

2025-10-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE P. DHANABAL Balaji Radhakarishnan Son of Radhakrishnan Residing at 6, Anthony Cir, Nashua, NH, USA 03062, Temporarily residing at C-4, Ashok Suparna, 26/12, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai-600 020.

... Plaintiff vs

1. Sri Bala Nanda Educational Trust, (PAN No.AACTS9881M) Represented by its Trustees, M.Balakrishnan at No.32, State Bank Colony, M.H.Road, Perambur, Chennai-600 011.

2. M.Balakrishnan Son of Muthu Naidu Founding Trustee, Sri Bala Nanda Educational Trust, at No.32, State Bank Colony, M.H.Road, Perambur, Chennai-600 011.

3.Mrs.B.Nanda Wife of M.Balakrishnan Trustee, Sri Bala Nanda Educational Trust, 1/6

at No.32, State Bank Colony, M.H.Road, Perambur, Chennai-600 011.

4.Mrs.Santhanalakshmi Wife of Premchand Managing Trustee Sri Bala Nanda Educational Trust, at No.32, State Bank Colony, M.H.Road, Perambur, Chennai-600 011.

5. Mrs.Thilakavathy Wife of Balaji Radhakrishnan C-4, 3rd Main Road, Kasturiba Nagar, Adayar, Chennai-600 020.

6.Mrs.Raji Wife of Muralidhar Mohan, Trustee, Sri bala Nanda Educational Trust, 16163, Westminister Dr, Northvillie, MI USA 48168.

7.Mr.K.N.Deenadayalan, Son of K.Narayasamy naidu, Trustee, Sri Bala Nanda Educational Trust, Plot No.L-1, Mew No.L-32, 26th Street, Anna Nagar East, Chennai-600 102.

... Defendants PRAYER: Plaint is filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure prayed for judgment and decree a. Directing the Defendants 1 to 4, 6 and 7, to pay Rs.4,68,56,096/- jointly and severally together with interest at 12% per annum on Rs.4,50,00,000/- from the date of filing of the plaint till the date of realisation 2/6

of the amount.

b. For such further or other orders as this Court deems fit on the facts and circumstances of the case and thereby render justice. For Plaintiffs : Mr.Avinash Wadhwani for M/s.V.Srimathi For Defendants : Mr.T.Karthikeyan for D1 to D3 Mr.Christopher Vijaychandran for D4 & D6 No appearance for D5

JUDGMENT

The plaintiff has filed the suit seeking to direct the defendants 1 to 4, 6 and 7 to pay Rs.4,68,56,096/- jointly and severally together with interest at 12% per annum on Rs.4,5,00,000/- from the date of filing of the plaint till the date of realisation of the amount.

2. Today, when the matter is taken up for hearing, both side counsel represented that the matter has already been compromised between the parties before the Hon'ble Division Bench of this Court in O.S.A.No.308 of 2025 dated 25.09.2025. A copy of the order in O.S.A.No.380 of 2025 has been produced before this Court wherein the Hon'ble Division Bench has held as follows: 3/6

"4. In view of the affidavit of undertaking filed by appellants heren, dispute between parties shall be treated as settled for all purposes and the parties, who are all present before this Court, have made a submission that they have agreed to withdraw the suit filed in C.S.No.120 of 2024.

5. Both the C.S.no.120 of 2024 and the OSA No.308 of 2025 are allowed to be withdrawn in view of the settlement arrived at between the parties. In the event of failure in honouring the commitment, any of the party is at liberty to file an appropriate application for restoration of the civil suit and OSA.

6. In view of the withdrawal of the civil suit by way of compromise, the plaintiffs in the suit are entitled for refund of the court fee as admissible under the Rules. The Registry of the High Court shall refund the Court Fee by following the due procedures.

7. With the above observations and directions, this Original Side Appeal is disposed of."

3. Since the Hon'ble Division Bench of this Court itself recorded the 4/6

withdrawal of the civil suit as the matter has been compromised between the parties, no further orders are required to be passed in this civil suit and accordingly, C.S.No.120 of 2024 is closed. The plaintiff is entitled to refund of Court Fee as per rules.

13.10.2025 kal P.DHANABAL J.

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kal 13.10.2025 6/6