M/S.Vestures (India) Ltd v. The Tamil Nadu Industrial

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH O.S.A.No.1 of 2015 1.M/s.Vestures (India) Ltd., No.5, Balaji Nagar, Chennai.

2.G.D.Ranka 3.Mangala Ranka 4.Vishal Ranka .. Appellants -vsThe Tamil Nadu Industrial Investment Corporation Ltd., (Sponsored by Govt. of Tamil Nadu), Chennai, Rep. by its Manager, S.Govind Swaminathan.

.. Respondents Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of the Letters Patent against the order dated 18.07.2014 passed in A.No.1768 of 2014 in O.P.No.393 of 2003 on the file of original side of this Court.

A.1768/14 in OP.No.393/2013: Application praying to pass a judgment and decree for Rs.67,50,000/- to be paid to the petitioner cororation within the time as may be fixed by this Hon'ble Court in OP.No.393/2003.

For Appellants : Mr.V.Bhiman for M/s.Sampathkumar ASSO.

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J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) There cannot be a decree of admission under Order 12 Rule 6 of the Code of Civil Procedure in the suit in question, as the appellants before us are stated to have proposed a One Time Settlement and remitted 10% of that amount, but there is nothing to show that the same was accepted by the respondent / the original plaintiff. In fact, in the pleadings, there is a categorical denial that any such settlement was arrived at.

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2.We are of the view that at best, in view of the receipt at page 18 of the typed set, the appellant may endeavour during the course of proceedings before the learned Single Judge to prove on evidence that a One Time Settlement had been arrived at, in terms whereof, the amount claimed by the original plaintiff is liable to be reduced to the alleged agreed amount.

3.The Original Side Appeal is, accordingly, dismissed with the aforesaid observations. Consequently, M.P.No.1 of 2015 is also dismissed.

Sd/- Assistant Registrar Dated:23.1.15 True Copy Sub Assistant Registrar To The Sub-Assistant Registrar Original Side, High Court, Chennai.

+1 cc to M/s.Sampathkumar Asst., Advocate,SR.2752. sai(co) krd 2/2 O.S.A.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/