Haji S A Jhan Mohammed v. Sri Sakthi Shelters

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Monday, the 16th day of April, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members Mr.P.Ganesan, District Judge (Retd.,) Mr.P.Modhan C.S.No.538 of 2015 and C.S.No.612 of 2015 (These Civil Suits are filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of the CPC Prayer in C.S.No.538 of 2015:- a) Directing the defendants to pay a sum of Rs.4,25,50,000/- (Rupees Four Crores Twenty Five Lakhs and Fifty Thousand only) towards damages to the plaintiff along with interest at the rate of 24% P.A. From the date of plaint till the date of repayment and to pass such other suitable orders and for costs of the suit.

Mr. HAJI S A JHAN MOHAMMED S/o late Ameer khan Residing at Door No.20, Triplicane High Road, Triplicane, Chennai-600005.

.. Plaintiff

Vs.

1. M/s.SRI SAKTHI SHELTERS No.48, Bhagyalakshmi Nagar Alapakkam, Chennai 600 116.

2. Mr.P.Venkateswaralu Rep. By Partner of M/s. SRI SAKTHI SHELTERS No.48, Bhagyalakshmi Nagar Alapakkam, Chennai 600 116.

3. Mrs. P.Lakshmidevi Rep. By Partner of M/s. SRI SAKTHI SHELTERS No.48, Bhagyalakshmi Nagar Alapakkam, Chennai 600 116.

4. M/S. NORTLES SERVICE APARTMENT PRIVATE LIMITED Rep.by its Chief Executive Officer 'E' Block, Sri Jayendra Colony, 4/360 Rajiv Gandhi Salai 6th Main Road Kandan Chavadi, Chennai 600 076.

...Defendants Prayer in C.S.No.612 of 2015:- a) Directing the defendants to recovery of sum of Rs.5,47,72,721/- with interest at the rate of 24% per annum on the sum of Rs.2,47,72,721/- from the date of the plaint to the date of realization and thus render justice and for costs of the suit.

M/s. Sri Sakthi Shelters, Rep. By its Partner Mr.P.Venkateswaralu No.48, Bhagyalakshmi Nagar, Alapakkam, Chennai - 600 116.

.. Plaintiff Vs.

Mr.S A JHAN MOHAMMED S/o Mr. Ameer khan No.20 Triplicane High Road, Triplicane, Chennai - 600 005.

.. Defendant These case came up for settlement before the Lok Adalat. Both the parties present. The learned counsel for the plaintiff in C.S.No.538 of 2015 and Defendant in C.S.No.612 of 2015 Mr.Senthil Kumar and the learned counsel for the Defendants in C.S.No.538 of 2015 and Plaintiff in C.S.No.612 of 2015 Mr.Moheet Rathore for M/S. P.Subba Reddy are present. After mutual discussion, negotiation, mediation and

conciliation between both parties, they arrived at a compromise to settle the matter as follows:

ORDER

Both the parties and their respective counsel are present. Both the parties have agreed and signed in the memo of compromise.

2. It is represented that they have filed a memo of compromise and the same is recorded. Both the suits are decreed in terms of the compromise made by the parties. The Memo of compromise shall form part of the decree. The Plaintiff in C.S.No.538 of 2015 and C.S.No.612 of 2015 is entitled to the refund of full court fee as per the Act.

This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the plaintiff in C.S.No.538 of 2015 and C.S.No.612 of 2015 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. Mr. HAJI S A JHAN MOHAMMED Counsel for plaintiff (in C.S.No.538 of 2015 and defendant in C.S.No.612 of 2015) K.SWAMIDURAI, J (Retd.) av

M/s. Sri Sakthi Shelters, Rep. By its Partner Mr.P.Venkateswaralu No.48, Bhagyalakshmi Nagar, Alapakkam, Chennai - 600 116.

Counsel for Defendants (in C.S.No.538 of 2015 and Plaintiff in C.S.No.612 of 2015) Sd- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy// Sub Assistant Registrar(OS) Enclosure: Memo of compromise dated: 10/04/2018 To The parties/Advocate concerned

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

2.The Record keeper, Original Side, High Court, Madras 3.The Section Officer, Lok Adalat Section, High Court, Madras.(+2 copies) av C.S.No.538 of 2015 and C.S.No.612 of 2015 16.04.2018