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Madras High CourtWP/36786/2015settled before the lokadalats

The Management, v. The Presiding Officer,

2024-06-08Honourable Mr Justice K.Kumaresh Babu5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.KUMARESH BABU and Members Mr.N.Balasubramanian, District Judge (Retired) Mrs.S.Jayakumari, Advocate W.P.No. 36786 of 2015 and M.P.No.1 of 2015 Writ Petition filed for issuance of Writ of Certiorari calling for the relevant and connected records relating to the impugned order dated 05.09.2013 made in C.P.No.60 of 2009 on the file of the 1st respondent and to quash the same.

The Management, Sri Shapthagiri Syndicate, C & FA for Amway India Enterprises, 521, Perundurai Road, Erode - 638 011.

.. Petitioner Vs;.

1.The Presiding Officer, Labour Court, Salem.

2.S.Sivakumar .. Respondents On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.C.E.Pratap, the learned counsel for the petitioner and Mr.D.Thangapandy, for Mr.K.V.Shanmuganathan, learned counsel for the 2nd respondent are present before this Court.

TERMS OF SETTLEMENT This Writ Petition has been filed against the Computation Petition in C.P. No. 60 of 2009, wherein the 2nd respondent had been held to be entitled to a sum of Rs.37,980/-, of which on the conditional order passed by this Court, a sum of Rs.18,990/- have been deposited by the petitioner to the credit of the Computation Petition of the 2nd respondent.

2.

Today, the learned counsel representing the respective parties have indicated that the entire remaining amount will be paid as full and final settlement of the claim between the parties and the petitioner has also agreed to pay the 2nd respondent by way of Demand Draft the remaining sum of Rs.18,990/- (Rupees Eighteen Thousand Nine Hundred and Ninety only) within a period of one week from today.

3.

The Learned counsel for the 2nd respondent submits that since the 2nd respondent is a physically challenged person, he is unable to travel and hence on his behalf, the learned counsel has got instructions. It is also stated by the learned counsel for the petitioner that the petitioner Company has become defunct in the year 2020 and the deponent (Mr.C.Venkataganesh) who was an erstwhile Partner who have affirmed the affidavit before this Court is present and he would be paying the said amount. 4.

Recording the above agreement between the parties, this Writ Petition is disposed of in terms of the above settlement. No cost. Consequently, connected Miscellaneous Petition is closed.

Mr.C.Venkataganesh (erstwhile partner) The Management, Sri Shapthagiri Syndicate, C & FA for Amway India Enterprises, 521, Perundurai Road, Erode - 638 011.

Counsel for the petitioner S.Sivakumar Counsel for the 2nd respondent 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 Member gsa To:The parties/Advocate concerned Copy to:

1.The Presiding Officer, Labour Court, Salem.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

K.KUMARESH BABU, J gsa and M.P.No.1 of 2015 08.06.2024