Equitas Small Finance Bank Ltd v. M/S.N.Sukumar Proprietor Everest Transport

O.A.Nos.302 & 303 of 2019 and A.Nos.2313 & 2323 of 2019 M.SUNDAR,J.

This common order will dispose of all these four applications. All these four applications were referred to the 'Tamil Nadu Mediation and Conciliation Centre' under the aegis of this Court (hereinafter 'TNMCC' for brevity) vide an order of referral dated 30.09.2019 made by Hon'ble Predecessor Judge. Thereafter, TNMCC has sent a mediation report dated 13.01.2020 to this Court. Under cover of this Mediation report, two agreements captioned 'MEMORANDUM OF UNDERSTANDING' (both dated 06.01.2020) entered into between the parties with regard to two loan agreements being loan agreement Nos.SLNMKAL0145962 & SLNMKAL0145881, both dated 27.06.2017 have been enclosed.

2. Before this Court proceeds further, learned counsel for applicant submitted that the Regional Manager of 'Bharat Petroleum Corporation Limited' (hereinafter 'BPCL' for brevity) has been arrayed as third respondent in all these four applications only in its capacity as Garnishee and there is no lis with BPCL. Saying so, in the light of settlement that has been arrived at between the parties at lis, learned counsel for applicant gave up the third respondent, BPCL in all four applications. Necessary endorsement has been made in the case file. 1/8

3. Mr.A.Damodaran, learned counsel on record for applicant and Mr. S.Senthil, learned counsel for respondents 1 and 2 who are before this Court submit that all these four applications may please be disposed of in terms of the aforesaid two Memorandum of Understandings which are as follows:

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4. To be noted, both learned counsel submit that the parties were present before TNMCC for signing the aforesaid Memorandum of Understanding in the presence of one another and on this basis, learned counsel made a request that the presence of parties may please be dispensed with. This prayer is acceded to.

5. In the light of the aforesaid trajectory, all these four applications are disposed of by this common order in terms of the aforesaid two Memorandum of Understandings (both dated 06.01.2020) both of which shall form part of this order. There shall be no order as to costs. 21.01.2020 sli 7/8

M.SUNDAR,J.

sli O.A.Nos.302 & 303 of 2019 and A.Nos.2313 & 2323 of 2019 21.01.2020 8/8