Madras High CourtCS/945/2016decree in terms of memo of comprom

M/S.Dharani Finance Ltd. v. S.Subramani

2024-12-09Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C. S.No.945 of 2016 M/s.Dharani Finance Limited No.57, Sterling Road Nungambakkam Chennai-600 034 represented by the Managing Director K.Kandasamy ... Plaintiff vs.

1.S.Subramani 2.A.Balasubramani ... Defendants Prayer:- Civil Suit filed under Order VII Rule 1 of Civil Procedure Code and Order 34 of Civil Procedure Code, praying for the following judgement and decree:

a) directing the defendants to pay jointly and severally a sum of Rs.10,15,298.51 together with further interest at 36% per annum from the date of suit till the date of payment.

b) direct the defendants jointly and severally to redeliver possession of the machinery to the plaintiff.

c) directing the defendants to pay the aforesaid amount together with further interest from the date of filing of the plaint to the date of payment and also costs of the suit on the date to be named by this Court. 1/4

d) in default thereof, the property mentioned in the schedule to be sold and the proceeds (after defraying the expenses of the sale) applied in and towards the payment of the amount of the said principal and interest and costs.

e) that, if such proceeds shall not be sufficient for the payment in full and such amount the defendants may be ordered to be paid to the plaintiff the amount of the plaintiff, the amount of deficiency with interest at the rate of 36% per annum until realization.

f) for costs of the suit.

For Plaintiff : Mr.T.K.Seshadri For Defendants : Mr.R.Gopinath for D2

JUDGMENT

When the matter was taken up today, the learned counsel for the plaintiff and the second defendant submitted that the matter has been compromised between the parties. Pursuant to the same, they have filed a Joint Memo of Compromise dated 07.12.2024 which has been duly signed by them and their respective counsel. The said Joint Compromise Memo is recorded.

2. In view of the same, the suit is decreed in terms of the Joint Memo 2/4

of Compromise entered between the parties and the above Joint Memo of Compromise shall form part of the decree. The Court Fee is ordered to be refunded as per law.

09.12.2024 Index:Yes/No Speaking/Non-speaking order uma A.A.NAKKIRAN,J.

uma 3/4

C.S No.945 of 2016 09.12.2024 4/4