N.Ramachandran v. Dr. Narinder Dhruv Batra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.967 of 2015 and A.No.2325 of 2016 and O.A.No.1307 of 2015 N.Ramachandran ... Plaintiff Vs Dr.Narinder Dhruv Batra ... Defendant Plaint filed under Order VII Rule 1 C.P.C. R/w Order IV Rule 1 of the Original Side Rules.

For Plaintiff : Mr.P.H.Arvindh Pandian, Sr. Counsel for Mr.Harishankar Mani For Defendant : Mr.Arun Anbumani

JUDGMENT

The suit has been laid for the following reliefs: (i)pass a decree of permanent injunction thereby restraining the defendant, his servants, his agents, his subordinates and assignees from communicating in any manner, written, verbal and/or visual, any

matter/allegation/accusation/information qua the plaintiff.

(ii)pass a decree awarding damages of Rs.10,00,00,000/- (Rupees Ten Crores only) against the defendant in favor of the plaintiff towards the loss of reputation and good will.

(iii)costs of the suit be awarded to the plaintiff.

(iv)any other relief that this Hon'ble Court deems fit in the facts and circumstances of the case, in favor of the plaintiff and against the defendant and thus render justice.

2.When the matter is taken up for hearing, a joint memo of compromise entered into between the plaintiff and defendant dated 31.10.2016/01.11.2016, signed by the parties and duly attested by their respective counsel has been produced.

3.Learned senior counsel appearing for the plaintiff as well as the learned counsel appearing for the defendant would submit that the suit may be decreed in terms of the joint memo of compromise dated 31.10.2016/01.11.2016. The joint memo of compromise reads as under:

The parties submit as under:

1.That the plaintiff has filed the present suit and the detailed facts and circumstances are not being repeated herein, for the sake of brevity the plaint filed by the plaintiff and the counter to the application filed by defendant be referred to, and the same may be read as a part and parcel of this application. The present suit is pending adjudication before this Hon'ble Court.

2.During the pendency of the instant suit, pursuant to discussions between the parties, and advice of friends and well wishers, the parties to the suit have in good faith discussed, negotiated and arrived at an amicable, mutually acceptable full and final settlement in respect of all questions, disputes, differences, demands and claims. The parties have put their differences aside for the betterment and advancement of sports and the Olympic movement in the country. The terms of the settlement are set out in detail below:

a.The parties withdraw all allegations and complaints, written and oral, made against each other;

b.The plaintiff agrees that he shall withdraw the present suit and not file any

further proceedings regarding the communications impugned in the present suit or otherwise;

c.The defendant agrees that he shall not pursue any of his complaints with respect to various allegations made in the past, including the allegation of an alleged offer of Rs.1 crore, to/with the International Olympic Committee, the Indian Olympic Association, the Olympic Council of Asia, members of the Indian Olympic Association and all other National and International Federations;

d.The parties mutually agree that none of the allegations made by either one of them will be the subject matter of any litigations/complaints in the future;

e.The parties agree that no claims shall be pursued by them against each other with regard to the subject matter of the present suit;

f.The parties agree that they will work for the betterment of sports and strengthening the Olympic movement in India.

3.In view of the abovementioned settlement terms, the present suit has been duly compromised.

4.That the compromise between the parties is a lawful compromise.

5.That the parties have entered into the compromise on their own free will and volition. 6.That the disputes that are the subject matter of the present petition have been wholly settled and compromised by this written compromise between the parties.

7.In these circumstances, this Joint Memo of Compromise is being filed by the parties under O.23 R.3 read with Section 151 CPC and the parties pray that this joint memo of compromise be taken on record and the present suit be disposed of in terms of the same.

4.Accordingly, the suit stands decreed in terms of the joint memo of compromise dated 31.10.2016/01.11.2016 and the joint memo of compromise shall form part of the decree. No costs. Consequently, connected applications are closed.

Sd/.M.M.S.J 02.11.2016 //Certified to be a true copy// Dated this the day of 2017 R.s/14.02.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.