M/S.Diamond Eletricals, v. M/S.I Building Automation Pvt

HIGH COURT LEGAL SERVICES COMMITTEE, MADRAS National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of September, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Ms.Justice P.T.Asha and Members:

Ms.V.Ahalya, [District Judge., Retd] Mrs.S.Jayakumari, Advocate C.S.No.422 of 2018 (Civil Suit is filed against the judgment and decree passed by the a). directing defendant to pay a sum of Rs.25,98,879/- b). Interest at 12% p.a on Rs.20,84,360/- from the date of plaint till actual payment or realization).

M/s.Diamond Electrical Rep. By Partner Mr.Ankit P.Sutaria No.16, Ground Floor, Sarvana Street, T.Nagar, Chennai-600 017.

... Plaintiff /versus/ M/s. I Building Automation Pvt. Ltd.

Old No.144/New No.26, 4th Street, Raghava Reddy Colony, Ashok Nagar, Chennai-600083.

... Respondent

This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.Sandeep Shah of M/s.Shah and Shah, learned counsel for Plaintiff and Mr. Sankareshwaran, learned counsel for the defendant are 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 above suit has been filed claiming a sum of Rs.25,98,879/- together with interest of 12% p.a on Rs.20,84,360/- due towards goods supplied.

2. The matter was posted today before the Lok Adalat and both parties are present, the partner of the plaintiff firm Rita P.Sutaria and K.R.Sreepriyan and K.Jawahar the Directors of the defendant company M/s. I Building Automation Pvt Ltd., were present. The defendants have agreed to submit to a decree and the plaintiff have agreed to waive the interest and is ready to receive a sum of Rs.26,00,000/-, which will be paid by the defendant in the following manner:

(i). A sum of Rs.1,00,000/- will be paid on or before 08.10.2018; thereafter on the 25th of every succeeding month the defendant shall pay a sum of Rs.6,25,000/-, and the entire payment of Rs.26,00,000/- will be cleared on or before 25.02.2019. If there is any default in the payment of installments, then the suit will be decreed as prayed for, and the sum paid will be adjusted towards the ultimate decree amount. This suit is decreed interms of the settlement. Since the matter was settled in the Lok Adalat, the plaintiff is entitled to refund of the entire Court fees. M/s.Diamond Electricals rep. By Partner Mrs.Rita P.Sutaria Counsel for the Plaintiff M/s. I Building Automation Pvt, Ltd., rep. by Directors Mr.K.R.Sreepriyan & Mr.K.Jawahar Counsel for the Defendant 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.

Sd/- JUDGE Sd/- Sd/- MEMBERS MEMBERS Sd/- Assistant Registrar(LA) // The Certified to be true copy // Sub-Assistant Registrar(OS) To:The parties/Advocate concerned Copy to:

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

2.The Record Keeper, O.S.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies P.T.Asha, J., bsm C.S.No.422 of 2018 08.09.2018