William Alexander v. Fathima Vijay Antony
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 12th day of June 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.VIJAYARAGHAVAN (Retd.) Members Mrs.Hemalatha Daniel Dr.R.Gouri C.S.No.198 of 2018 The plaintiff prays that this Hon'ble Court may be pleased to pass a judgment and decree against the defendants jointly and severally:- (a) to pay the Plaintiff a sum of Rs.5,79,05,211/- (Rupees Five Crores Seventy Nine Lakhs Five Thousand Two Hundred and Eleven only) together with interest at 18% per annum thereon from 16.03.2018 till the date of realization in full;
(b) for costs of the suit; and (c ) to grant any other order or orders as this Hon'ble Court may think deem fit and proper in
the circumstances of the case thus render justice. Mr.William Alexander Proprietor, M/s.Picture Box Company No.9/17, Club Road, Near Shree Mithai, Chetpet, Chennai - 600031.
...Plaintiff Vs.
1. Mrs.Fathima Vijay Antony, Proprietrix: M/s.Vijay Antony Pictures, No.86/87, Third Street, SBI Colony, Saligramam, Chennai - 600093.
2. M/s. Vijay Antony Film Corporation Pvt. Ltd., Registered Office at No.38, Arcot Road, Vadapalani, Chennai - 600026.
Represented by its Director Mrs. Fathima Vijay Antony Also at No.86/87, Third Street, SBI Colony, Saligramam, Chennai - 600093.
3. Mr.Vijay Antony, Director, M/s.Vijay Antony Film Corporation Pvt. Ltd., No.38, Arcot Road, Vadapalani, Chennai - 600026.
Also at No.86/87, 3rd Street, State Bank Colony, Virugambakkam, Chennai - 600092. ...Defendants This case came up for settlement before the Lok Adalat. Mr.S.Jayakumar learned counsel for the Plaintiff Mr.K.J.Parthasarathi
Mr.D.Bennington for D1 D3 S.Meenakshisunduram for D2 learned counsel for defendants are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
The Civil Suit in CS.No.198 of 2018 pending on the file of High Court, Madras has been referred to Lok Adalat for conciliation today.
Today Mr.William Alexander, Proprietor, M/s.Picture Box Company plaintiff as well as Mrs.Fathima Vijay Antony, Proprietrix: M/s.Vijay Antony Pictures, Defendant No.1 and the same Mrs.Fathima Vijay Antony Director, representing M/s.Vijay Antony Film Corporation Pvt. Ltd., Defendant No.2 appeared along with their learned counsels. The learned counsel for the plaintiff has endorsed in the plaint as not pressing the claims as against D3 and the same is recorded. The both parties filed today a written memorandum of understanding dated 16.05.2018 entered into between them. The terms of the memorandum of understanding entered into between the parties present, also fairly agreed to the contention of the memorandum of understanding entered into and reduced into writing and filed today and also declared that they have put their signatures after fully understood the same. After recording the memorandum of understanding, award is passed in terms of the memorandum of understanding. The memorandum of
understanding shall be part and parcel of the award. The bank guarantee given for a sum of Rs.2,00,00,000/- (Rs.Two crores only) by Punjab National Bank, K.K.Nagar Branch, Chennai dated 12.04.2018 shall be cancelled and return to the bank.
The full Court fee shall be refunded to the plaintiff 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 and there shall be no demand for additional Court fee.
Mr.William Alexander Counsel for the Plaintiff
1. Mrs.Fathima Vijay Antony Counsel for the Defendant 1 & 3
2. M/s. Vijay Antony Film Corporation Pvt. Ltd., Rep by its Director, Mrs.Fathima Vijay Antony Counsel for the Defendant 2 Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy // Sub-Assistant Registrar(OS)
Enclosure: Memorandum of Understanding To:
The parties/Advocate concerned Copy to:
1. The Sub Assistant Registrar, Original Side, High Court, Madras.
2. The Secretary, High Court Legal Services Committee, Chennai.
3.The Record Keeper, Original Side, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.
5. The Manager, Punjab National Bank, K.K.Nagar Branch Chennai