← Library
Madras High CourtCRL RC/116/2015settled before the lokadalats

K.Manimaran v. R.Datchinamoorthy

2015-09-12Honourable Mr Justice T. S. Sivagnanam3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 12th day of September, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM and Members Mr.K.Balasubramaniam Mrs.R.Rathna Thara CRL.R.C.No.116 and 117 of 2015 Prayer in Crl.R.C.No.116 of 2015: Criminal Revision Petition filed to call for the records in C.A.No.156 of 2013 on the file of the Hon'ble XVIII Additional City Civil Court, Chennai and set aside the order passed in C.A.No.156 of 2013 dated 17.12.2014 on the file of XVIII Addl. City Civil Court, Chennai in C.C.No.

3090/2010, in Metropolitan Magistrate, Fast Track Court-I, Egmore, Chennai and pray to enhance the sentence of imprisonment and to award a compensation of equal amount to that of the cheque amount and pass such further order. Prayer in Crl.R.C.No.117 of 2015: Criminal Revision Petition filed to call for the records in C.A.No.157 of 2013 on the file of the Hon'ble XVIII Additional City Civil Court, Chennai and set aside the order passed in C.A.No.157 of 2013 dated 17.12.2014 on the file of XVIII Addl. City Civil Court, Chennai partly allowing the order in C.C.No.3959/2009, in Metropolitan Magistrate, Fast Track Court-I, Egmore, Chennai and pray to enhance the sentence of imprisonment and to award a compensation of equal amount to that of the cheque amount and pass such further order.

K.Manimaran

...Petitioner in both Crl.R.C.

Vs.

R.Datchinamoorthy

...Respondent in both Crl.R.C.

These cases came up for settlement before the Lok Adalat. Mr.Gilbert C Pereira, the learned counsel for the petitioner is present and Mr.R.Dakshinamurthy, party in person present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows :

TERMS OF SETTLEMENT The matter was discussed elaborately by the Adalat with the petitioner and his counsel and the respondent, however the respondent counsel is not present. Ultimately, the parties have agreed to settle both the cases on the respondent paying the petitioner a sum of Rs.3,25,000/- (Rupees Three Lakhs and Twenty Five Thousand only) by way of demand draft drawn in favour of the petitioner.

2. The respondent, who is present before the Adalat request time for effecting payment.

3. Accordingly, post the matter before the regular Adalat on 12.10.2015.

4. On the said date, the respondent shall bring the Demand Draft in favour of the petitioner for Rs.3,25,000/- which shall be received by the petitioner as full and final settlement of all claims.

Sd/- Sd/- K.Manimaran Counsel for the petitioner Sd/- R.Datchinamoorthy This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under 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.

ds 12.09.2015 This matter having been listed under the Caption for Adjourned Admission on 04.02.2016 before the Hon'ble Mr.Justice K.Swamidurai(Retd.,) pursuant to the order of the Lok Adalat dated 12.09.2015 and made herein, in the presence of the aforesaid counsels on the either side, the Court made the following order:- Both the parties are present. Learned Counsel for the Petitioner is also present.

2. As per the Order dated 12.09.2015, this matter was settled between the parties, whereby, the Respondent has agreed to pay the Petitioner, a sum of Rs.3,25,000/- in full quit. Out of which, a sum of Rs.2,00,000/- was already paid.

3. Today, the Respondent agreed to pay the balance amount of Rs.1,25,000/- and Rs.5,000/- interest for delayed payment, totalling to a sum of Rs.1,30,000/-. (a sum of Rs.1,00,000/- by cash and Rs.30,000/- by cheque bearing No.000100 drawn on HDFC Bank, Perungudi Branch, Chennai).

4. Accordingly, today before this Forum, the Respondent has paid the above said amount and cheque to the Petitioner, which was acknowledged by the learned Counsel for the Petitioner. This Reporting Compliance is recorded.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The parties/Advocates concerned Copy to:

1.The XVIII Additional City Civil Court, Chennai.

2.The Metropolitan Magistrate, Fast Track Court No.I, Egmore, Chennai.

3.The Secretary, High Court Legal Services Committee, Chennai.

4.The Section Officer, V.R.Section, High Court, Madras.

5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies Crl.R.C.Nos.116 & 117 of 2015 TEJ(CO) CA(10/03/2016)