R.Deepak, v. V.Pramod
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.06.2023
CORAM:
THE HON'BLE MR.JUSTICE K.KUMARESH BABU C.S.Nos.434 & 438 of 2018 & 365 & 483 of 2019 C.S.No.434 of 2018 R.Deepak ...Plaintiff Vs.
V.Pramod ...Defendant Prayer : Civil Suit filed under Order VII Rule 1 of Original Side Rules summary suit filed under Order XXXVII Rule 2 of CPC, prayed this Court to pass a Judgment and Decree against the defendant to: (a) Direct the defendant to pay a sum of Rs.2,37,22,180/- (Rupees Two Crores Thirty Seven Lakhs Twenty Two Thousand One Hundred and Eighty only) and 9% interest on principal amount of Rs.2,04,92,300/- (Rupees Two Crores Four Lakhs Ninety Two Thousand and Three Hundred only) from the date of filing of plaint and till realization of the suit. 1/24
(b) pass such other relief or reliefs as may be deemed fit and proper in the circumstances of the case and (c) bear costs of the suit and thus render justice. C.S.No.438 of 2018 R.Deepak ...Plaintiff Vs.
V.Vishal ...Defendant Prayer: Civil Suit filed under Order VII Rule 1 of Original Side Rules summary suit filed under Order XXXVII Rule 2 of CPC, prayed this Court to pass a Judgment and Decree against the defendant to: (a) Direct the defendant to pay a sum of Rs.2,59,58,219/- (Rupees two crores fifty nine lakhs fifty eight thousands two hundred and nineteen only) and 9% interest on principal amount of Rs.2,25,00,000/- (Rupees two crores and twenty five lakhs only) from the date of filing of plaint and till realization of the suit.
(b) pass such other relief or reliefs as may be deemed fit and proper in the circumstances of the case and (c) bear costs of the suit and thus render justice. 2/24
C.S.No.365 of 2019 R.Deepak ...Plaintiff Vs.
Mrs.V.Saroja ...Defendant Prayer: Civil Suit filed under Order VII Rule 1 of CPC Read with Order IV Rule 1 and 2 of O.S.Rules, prayed this Court to pass a Judgment and Decree against the defendant to:
(a) Direct the defendant to pay a sum of Rs.2,07,80,730/- (Rupees Two Crores Seven Lakhs Eighty Thousand Seven Hundred and Thirty only) consisting of principal amount of Rs.1,65,00,000/- together with interest of Rs.42,80,730/- @ 9% interest per annum and further interest @ 9% for Rs.2,07,80,730/- from the date of plaint to till the date of realization. (b) pay the costs of the suit and thus render justice. (c) pass such other relief or reliefs as may be deemed fit and proper in the circumstances of the case 3/24
C.S.No.483 of 2019 R.Deepak ...Plaintiff Vs.
Mr.B.Vijayaraj ...Defendant Prayer: Civil Suit filed under Order VII Rule 1 of CPC Read with Order IV Rule 1 of O.S.Rules, prayed this Court to pass a Judgment and Decree against the defendant to:
(a) Direct the defendant to pay a sum of Rs.6,10,34,925/- (Rupees Six Crores Ten Lakhs Thirty Four Thousand Nine Hundred and Twenty Five only) consisting of principal amount of Rs.4,85,00,000/- together with interest of Rs.1,25,34,925/- @ 9% interest per annum and further interest @ 9% on Rs.4,85,00,000/- from the date of plaint to till the date of realization. (b) pay the costs of the suit and thus render justice. (c) pass such other relief or reliefs as may be deemed fit and proper in the circumstances of the case For Plaintiff in all suits :
Mr.M.R.Gokul Krishnan For Defendant in all suits : Mr.N.P.Vijayakumar for Mr.R.Pradeep C O M M O N J U D G M E N T The suits were listed on 06.02.2023 wherein, this Court had recorded a settlement that had been reached between the parties to the suit. 4/24
2.Taking into consideration that three months time had been granted for completion of certain actions under the settlement directed to be listed on 01.06.2023. When the same were listed on 01.06.2023, the learned counsel had sought further time and thereafter listed on 22.06.2023 and further on 27.06.2023. Again when the suits were listed on 29.06.2023, a request had been made by the learned counsel appearing on either side to also tag C.S.No.6 of 2020 along with the said suits as they have also proposed to withdraw the counter claim in the said suits made against the parties in the present suit. 3.Today when the matter was taken up, the learned counsel appearing on behalf of the plaintiff as well as the defendants had submitted, the terms of Settlement Deed had been complied with and the respective parties have performed part of their obligations under the Settlement Deed. For better appreciation, the relevant portion of the Settlement Deed is extracted hereunder: 5/24
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4.Learned counsel for the plaintiff had also filed a memo signed by the plaintiff indicating satisfaction of the Deed of Settlement and seeks this Court to dispose of the suit in terms of the Deed of Settlement. He had also filed an independent memos in each of the suits and the said memos are verbatim the same, it would also be relevant to extract the memo hereunder: 13/24
5.I have recorded the Settlement Deed and also the memo as part of the Judgment.
6.Learned counsel for the plaintiff in C.S.No.6 of 2020 would submit that the resolution of lis in the suit should not be put against the plaintiff in C.S.No.6 of 2020 as the properties in schedule to the suits also form part of the suit schedule property in C.S.No.6 of 2020. Leaned counsel appearing for the respective parties in these suits would submit that with the settlement of the present dispute between the parties to the suit would not in any way affects the rights of the plaintiff in C.S.No.6 of 2020 as it is only a settlement between the parties to the suit. In fact they would also submit that the counter claim made by the respective parties as against the parties in the suit is also sought to be withdrawn and independent memo is filed to that effect.
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7.In my view, submission made by the respective counsel in the suits, I am of the view that the disposal of the suit would not affect the rights of the plaintiff in C.S.No.6 of 2020.
8.In view of the memo filed by the plaintiff, the suits are disposed of, as a terms of settlement have been admittedly complied with by the respective parties and therefore, there is no necessity to adjudicate lis in the suits any further. 9.Hence, the aforesaid suits are disposed of. However, there shall be no order as to costs. Consequently, connected applications are closed, if any. 30.06.2023 Index: yes/no Speaking order:yes/no pam 15/24
C.S.No.434 of 2018 Plaintiff's witness:
P.W.1 - Mr.R.Deepak Documents exhibited by the Plaintiff:
Exhibits Documents Ex.P1 Office copy of Legal Notice dated 28.03.2018 sent by the plaintiff through his counsel to defendant Mr.V.Pramod, along with postal acknowledgment card.
Ex.P2 Computer generated Income Tax Returns for Assessment year 2017-2018 of the plaintiff.
Ex.P3 Affidavit filed by the plaintiff under Sec 65-B of Evidence Act certifying that Ex.P2 is a computer generated printout copy taken from his personal computer.
Ex.P4 (11 sheets) Certified statement of accounts of the plaintiff bank dated 04.06.2018 for the period 01.04.2016 to 04.06.2018 issued by Union Bank of India, Triplicane Branch, Chennai.
C.S.No.438 of 2018 Plaintiff's witness P.W.1 - MR.R.Deepak Documents exhibited by the Plaintiff:
Exhibits Documents Ex.P1 Office copy of Legal Notice dated 26.03.2018 sent by the plaintiff 16/24
Exhibits Documents through his counsel to defendant Mr.V.Vishal, along with postal acknowledgment card.
Ex.P2 Computer generated Income Tax Returns for Assessment year 2017-2018 of the plaintiff.
Ex.P3 Affidavit filed by the plaintiff under Sec 65-B of Evidence Act certifying that Ex.P2 is a computer generated printout copy taken from his personal computer.
Ex.P4 (11 sheets) Certified statement of accounts of the plaintiff bank dated 04.06.2018 for the period 01.04.2016 to 04.06.2018 issued by Union Bank of India, Triplicane Branch, Chennai.
C.S.No.365 of 2019 Plaintiff's witness:
P.W.1 - Mr.R.Deepak Documents exhibited by the Plaintiff:
Exhibits Documents Ex.P1 Original Memorandum of Understanding dated 17.06.2015 entered between Mrs.V.Saroja (defendant) and one another, and Mr.R.Deepak, the plaintiff.
Ex.P2 The original deed of cancellation dated 14.07.2016 entered between Mrs.V.Saroja (defendant) and one another, and Mr.R.Deepak, the plaintiff.
Ex.P3 The statement of bank accounts issued by Union Bank of Inida. Triplicane Branch, in respect of the Account No.357202010008305, 17/24
Exhibits Documents maintained by the plaintiff for the period from 31.03.2015 to 01.04.2016. Ex.P4 The statement of bank accounts issued by Union Bank of Inida. Triplicane Branch, in respect of the Account No.357202010008305, maintained by the plaintiff for the period from 01.04.2016 to 31.03.2017. Ex.P5 The computer generated Income Tax Returns for the assessment year 2016 to 2017 concerning the plaintiff, along with the photocopy of the certified true copy of the balance sheet for the assessment year 2016 to 2017.
Ex.P6 The computer generated Income Tax Returns for the assessment year 2017 to 2018 concerning the plaintiff, along with the photocopy of the certified true copy of the balance sheet for the assessment year 2017 to 2018 and printout copy of the ITR-2 for the said assessment year. Ex.P7 The computer generated Income Tax Returns for the assessment year 2018 to 2019 concerning the plaintiff, along with the photocopy of the certified true copy of the last page of the balance sheet for the assessment year 2018 to 2019 and printout copy of the ITR-3 for the said assessment year.
Ex.P8 The affidavit file by the plaintiff under Section 65-B of the Indian Evidence Act, stating that Exs.P5, P6 and P7 are the computer generated printed copies taken form the plaintiff's personal computer. Ex.P9 The true copy of the legal notice dated 28.03.2018 sent by the plaintiff through his counsel to the defendant.
Ex.P10 The original reply dated 14.06.2018 received by the plaintiff's counsel in response to the legal notice Ex.P9.
Ex.P11 The office copy of the legal notice dated 06.05.2019 sent by the plaintifff through his counsel to his defendant along with the original postal receipt. Ex.P12 The original reply dated 17.05.2018 received by the plaintiff's counsel. Ex.P13 The original cheque acknowledgment dated 21.07.2015. 18/24
Exhibits Documents Ex.P14 The original cheque acknowledgment letter dated 10.12.2015. Ex.P15 The original cheque acknowledgment letter dated 06.06.2016. C.S.No.483 of 2019 Plaintiff's witness:
P.W.1 - Mr.R.Deepak Documents exhibited by the Plaintiff:
Exhibits Documents Ex.P1 Original Memorandum of Understanding dated 17.06.2015 entered between Mr.Vijayaraj (defendant) and one another, and Mr.R.Deepak, the plaintiff.
Ex.P2 Photocopy of Statement of Bank Account dated 29.05.2019 for the year 2015-2016.
Ex.P3 Photocopy of Statement of Bank Account dated 29.05.2019 for the year 2016-2017.
Ex.P4 Printout of Income Tax Returns dated 18.07.2016 for the Assessment year 2016-2017 concerning in the plaintiff along with the balance sheet certified by the Auditor for the assessment year 2016-2017. Ex.P5 Printout of Income Tax Returns dated 28.06.2017 for the Assessment year 2017-2018 concerning in the plaintiff along with the balance sheet certified by the Auditor for the assessment year 2017-2018. Ex.P6 Printout of Income Tax Returns dated 11.08.2018 for the Assessment year 2018-2019 concerning in the plaintiff along with the balance sheet certified by the Auditor for the assessment year 2018-2019. 19/24
Exhibits Documents Ex.P7 Affidavit filed under Section 65(B) of Evidence Act. Ex.P8 Original cheque acknowledgment letter dated 13.07.2015 confirming receipt of payment.
Ex.P9 Original cheque acknowledgment letter dated 10.12.2015 confirming receipt of payment.
Ex.P10 Original cheque acknowledgment letter dated 26.03.2016 confirming receipt of payment.
Ex.P11 Original cheque acknowledgment letter dated 30.03.2016 confirming receipt of payment.
Ex.P12 Original cheque acknowledgment letter dated 06.06.2016 confirming receipt of payment.
Ex.P13 Original Deed of cancellation dated 14.07.2016. Ex.P14 Original cheque acknowledgment letter dated 31.08.2016 confirming receipt of payment Ex.P15 Photocopy of Legal Notice dated 28.03.2018 issued to the defendant. Ex.P16 Photocopy of reply to Legal Notice dated 14.06.2018 by the defendant. Ex.P17 Photocopy of Legal Notice dated 07.05.2019 issued to the defendant. Ex.P18 Photocopy of reply to Legal Notice dated 17.05.2019 by the defendant. 30.06.2023 20/24
K.KUMARESH BABU, J.
Pam C.S.Nos.434 & 438 of 2018 & 365 & 483 of 2019 30.06.2023 21/24
A.No.6446 of 2023 and C.S.Nos.434 & 438 of 2018 and C.S.Nos.365 & 483 of 2019 K.KUMARESH BABU,J.
This application has been moved seeking to take on record the Rectification Deed and treat the same as part and parcel of the settlement dated 31.01.2023, based on which by a judgment and decree dated 30.06.2023, this Court had disposed of the suits.
2. The learned counsel appearing on either side submitted in unison that while preparing the Settlement Deed, upon which the suits were disposed of, in which page No.3, paragraph No.2 under the heading "Covenants by 22/24
Rameshchand Group" in line No.2 & 5, the Civil Suit number had been wrongly given. The actual Civil Suit is C.S.No.365 of 2019. But, however, by inadvertently, it has been mentioned as C.S.No.395 of 2019. Similarly, the same error had occurred in paragraph No.12 (h)(ii). Hence, the parties have also entered into a Rectification Deed, rectifying the said errors and had also placed the same before this Court. Hence, he would pray this Court to record the Rectification Deed also as part and parcel of the Settlement Deed. Since, both the learned counsel had agreed upon the mistake that had been inadvertently committed and considering the reasons given in the affidavit filed in support of this application, the application is ordered as prayed for.
K.KUMARESH BABU,J.
gba
3. As a sequel, the Registry is directed to incorporate the Rectification Deed dated 07.10.2023 as part of the order. Further, in view of the present order passed in the application, the Registry is also directed to add the words 23/24
"Rectification Deed" in line 2 after the word "Settlement" in Paragraph No.8 of the order dated 30.06.2023 and issue a fresh order copy of the judgment and decree.
20.03.2024 gba A.No.6446 of 2023 and C.S.Nos.434 & 438 of 2018 and C.S.Nos.365 & 483 of 2019 20.03.2024 24/24