Paripoorani Packiaraj v. Mrs.Rajeswari Rose Mangala Bai
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of September, 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.S.Baskaran District Judge (Retd.) Mr.I.Syed Sibghatulla Advocate C.S.No.776 of 2016 (This Civil Suit filed for a judgment and decree against the defendants as follows:- a.for a declaration declaring that the sum of Rs.50 Lakhs along with interest in FDR 435064, Andhra Bank, Mylapore Branch is liable to be adjusted against the loan of Rs.50 lakhs advanced by the plaintiff to late Shri.Jayaram Samuel Dinakaran.
b.directing the defendants to pay Rs.1,00,00,000/- (Rupees One Crore) to the plaintiff along with interest at 24% p.a. From the date of plaint to date of realization c.for a permanent injunction restraining the defendants, their men, agents or anyone on behalf of the defendants from making any claim over the sum of
Rs.50 Lakhs withdrawn by the plaintiff from the fixed deposit with Andhra Bank, Mylapore Branch, which was in the name of late ShriJayaram Samuel Dhinakaran, either by way of making illegal threats or in any other manner; d.directing the defendants to pay the costs of the suit to the plaintiff and e.for such other reliefs as this Hon'ble Court may deem fit to pass.) Paripoorani Packiaraj, .. Plaintiff Vs.
1.Rajeswari Rose Mangala Bai 2.Alice Rebecca Nithya .. Defendants This case came up for settlement before the National Lok Adalat. The parties are present. The learned counsel for the plaintiff Mr.M.Murali and the learned counsel for the defendants Mr.V.Meenakshi Sundaram 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 Both the parties and their respective counsel are present. 2.The suit has been filed for declaration that a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) together with interest is liable to be adjusted against
the loan of Rs.50,00,000/- (Rupees Fifty Lakhs only) advanced by the plaintiff and for a direction to the defendants to pay Rs.1,00,00,000/- (Rupees One Crore only) to the plaintiff along with interest at 24% p.a. and sought for consequential permanent injunction to restrain the defendants from making any claim over and above Rs.50,00,000/- (Rupees Fifty Lakhs only). 3.Today, the parties have presented a signed memorandum of compromise. It is also counter signed by the respective counsel. It is seen that the parties have amicably resolved the dispute. A sum of Rs.25,00,000/- (Rupees Twenty Five lakhs only) to each of the defendants has been paid through RTGS and the same has been duly received, acknowledged and confirmed by the defendants. It is also recorded in the memorandum of compromise that the connected suit in O.S.No.
4761 of 2019, which is pending on the file of the VII-Additional City Civil Court, Chennai shall also be withdrawn, in view of this settlement. The said memorandum of compromise is taken on file and the same is recorded. There shall be no further mutual claim between the parties.
4.The Civil Suit is decreed in terms of compromise. Consequently, the connected miscellaneous petition, if any, is closed.
Paripoorani Packiaraj Counsel for the plaintiff Vs.
1.Rajeswari Rose Mangala Bai 2.Alice Rebecca Nithya Counsel for the Defendants This National Lok Adalat decree is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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. Judge
Member Member To The parties/Advocate concerned Copy to:
1. The VII-Additional City Civil Court, Chennai. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.
P.B.BALJI, J.
KKN C.S.No.776 of 2016
09.09.2023