Hemalatha v. M/S. Mahindra & Mahindra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICEG.K.ILANTHIRAIYAN and CMP.No.18387 of 2016 Hemalatha ... Petitioner Vs.

M/s Mahindra & Mahindra Financial Services Ltd., Having its Regd. Office at Gateway Building, Apollo Bunder, Mumbai-400 001 With its Corporate Office at: Sadhana House, 2nd Floor, 570, P.B.Marg, Behind Mahindra Towers, World, Mumbai 400 018 ... Respondent PRAYER: Civil Revision petition is filed under Article 227 of the Constitution of India praying to set aside the order and decretal order passed in EA.No.603 of 2016 in EP.No.92 of 2015 on the file of the X Assistant City Civil Court, Chennai in ARB.No.4384 of 2012 dated 07.10.2016 and consequentially allow the application.

For Petitioner : Mr.M.L.Ramesh For Respondent : Mr.A.Prabakaran

ORDER

This civil revision petition has been filed praying to set aside the order and decretal order passed in EA.No.603 of 2016 in EP.No.92 of 2015 on the

file of the X Assistant City Civil Court, Chennai in ARB.No.4384 of 2012 dated 07.10.2016

2. On 18.03.2021, when the petition was taken up for hearing, both the counsel represented that there was possibility for amicable settlement of the dispute between the parties. As such, the matter was referred to the Tamilnadu Mediation and Conciliation Centre, Chennai and after completion of the mediation process, the matter has been listed today along with the mediation report dated 23.03.2022, wherein it is informed that the parties have settled the dispute between them by joint compromise memo dated 23.03.2022, which is extracted hereunder:

1.Whereas the petitioner herein has preferred this civil revision petition as against the orders passed in EP.No.92/2015 on the file of the Xth Assistant City Civil Court, Chennai

2. Whereas this Hon'ble Court has passed a conditional order in CMP.No.1838/2016 granting stay for the orders passed in EP.No.92/2015 on the file of the Xth Assistant City Civil Court, Chennai with the condition to deposit a sum of Rs.1,00,000/-. The above said condition has been complied with by the petitioner.

3. Whereas when the final hearing of the civil revision petition was posted before Hon'ble Mr.JusticeG.K.Ilanthiraiyan on 04.03.2021, on the request of the petitioner counsel the case was posted before Madras High Court Mediation for amicable settlement.

4. Whereas when the case was posted before Mediation on 14.03.2022, the petitioner offered to arrive for settlement on payment of Rs.50,000/- as full and final payment apart from the deposited amount of Rs.1,00,000/-. The respondent has also accepted the offer and thus the following compromise settlement has arrived.

5. Whereas on this day the petitioner has handed over a Demand Draft bearing No.536324 dated 21.03.2022 drawn on Indian Overseas Bank, Periyar Nagar Branch, for the sum of Rs.50,000/- in favour of Mahindra & Mahindra Financial Services Ltd to the respondent. That apart, for withdrawing the deposit amount of Rs.1,00,000/- in EP.No.92/2015, by the respondent, the petitioner don't have any objection for withdrawal.

6. Whereas the respondent on receipt of the above said Demand Draft has hereby acknowledged the same with full satisfaction of receipt of the full and final payment and undertake to withdraw the EP.No.92/2015 on the file of the Xth Assistant City Civil Court, Chennai.

3. Recording the above joint compromise memo dated 23.03.2022, this civil revision petition is disposed of. The terms of the above joint compromise memo shall form part and parcel of this order, Consequently, connected miscellaneous petition is closed. No order as to costs. 10.06.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

To 1.The X Assistant City Civil Court, Chennai 2.M/s Mahindra & Mahindra Financial Services Ltd., Having its Regd. Office at Gateway Building, Apollo Bunder, Mumbai-400 001 With its Corporate Office at: Sadhana House, 2nd Floor, 570, P.B.Marg, Behind Mahindra Towers, World, Mumbai 400 018

G.K.ILANTHIRAIYAN, J.

lok CRP.NPD.No.3622 of 2016 and CMP.No.18387 of 2016 10.06.2022