Madras High CourtCS/380/2018decree in terms of memo of comprom

S. Thakeer Ali, v. Mr. S.M.Gutha,

2023-09-27Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.S. No. 380 of 2018 S.Thakeer Ali ... plaintiff Vs.

1.S.M.Gutha 2.Umar Banu 3.Steel World, Rep. by Mr.Azad, No.80/87 Part, MKN Road, Guindy, Chennai - 600 032.

4.Azad 5.S.Mohideen Abdul Khader 6.S.N.S.Enterprises No.625, M.K.N.Road, Guindy, Chennai - 600 032.

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7.M/s.Popular Steel, No.625, M.K.N.Road, Guindy, Chennai - 600 032.

8.M/s.Karur Vysa Bak, Represented by its Branch Manager, No.269, M.K.N.Road, Alandur, Chennai - 600 016.

9.M/s.Hameed Trading Company, No.625, M.K.N.Road, Guindy, Chennai - 600 032.

... defendants Prayer: Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 CPC for a) Directing the 1st to 7th defendants to pay a sum of Rs.3,00,00,000/- (Rupees Three Crores Only) to the plaintiff being the plaintiffs share in the estimated profit in the said firms and concerns with interest at the rate of 18% per annum from the date of filing of the suit till the date of realization of the same. 2/6

b) By directing the 1st and 2nd defendants to disclose and render accounts of all the immovable properties purchased by them from and out of the profits made from M/s.Popular steels and from and out of the funds misappropriated from M/s. Hameed Tradings and M/s.Steel World, M/s.S.N.S.Enterprises.

c) Granting permanent injunction restraining the 1st to 7th defendants from operating the Account No. 1104135000001431 in the name and style of M/s.Steel World Current Account with the 8th defendant namely M/s.Karur Vysa Bank, Alandur, Chennai - 600 016, without consent of the plaintiff.

d) Granting permanent injunction restraining the 1st to 6th defendants from alienating or encumbering the schedule mentioned properties more fully described in the schedule of property and pass such further orders.

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e) The defendant may be directed to pay the cost of suit. For Plaintiffs :

Mr. T.Ramachandran For Defendant 9 For Defendants :

Mrs. S.Anuradha Balaji 1 to 7 For Defendant 8 :

No Appearance.

JUDGEMENT The parties have resolved the dispute and entered into a joint memorandum of compromise and the terms of the compromise have been reduced into writing. Accordingly, the suit is decreed in terms of the memorandum of compromise. The terms of the compromise shall form part of the decree. No costs.

27.09.2023 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan 4/6

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