Madras High CourtCS/227/2020disposed of in memo of compromise

G.Saravanan v. Hotel Saravana Bhavan

2020-11-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23/11/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR G.Saravanan ...

Plaintiff Vs

1. Hotel Saravana Bhavan rep. By its Partner Mr.R.Saravanan.

2. R. Valliammal

3. R. Shivakumar

4. R. Saravanan ...

Respondents Suit filed under Order VII Rule 1 and 2 of CPC read with Order IV Rule 1 of Madras High Court Original Side Rules. For plaintiff ...

Mr.M.L.Ramesh For defendants ...

Mr.R.Hari Shankar - - - - - -

J U D G M E N T

Civil Suit has been filed to direct the defendants either jointly or severally to pay to the plaintiff asum of Rs.1,71,65,600/-, together with interest at the rate of 12% per annum from the date of the plaint till the date of realisation of the amount to the plaintiff.

2. Today, when the matter is taken up for hearing, learned counsel appearing for the plaintiff would submit that the parties have entered into a compromise and a Memorandum of Compromise, dated 18/11/2020 was filed.

3. Memorandum of Compromise, dated 18/11/2020, reads as follows:- "1. The defendants agree to comply with the order passed by the Court in A.No.2040 of 2020 in C.S.No.227 of 2020, dated 30/9/2020, without fail.

2. For the remaining arrears of rents to be paid, plaintiff agrees to waive a sum of Rs.10,00,000/-.

3. Defendants undertake to pay the remaining arrears of rent before 30th April 2021.

4. Defendants agree to pay the regular rent at the rate of Rs.4,00,000/- p.m., for the months of August and September, 2020 along with GST payable to the Department.

5. Defendants agree to pay a sum of Rs.34,00,000/- towards additional security deposit to the plaintiff before 30th April 2021.

6. New agreement of tenancy would be entered into between the plaintiff and defendants from 31st April 2021 upon the new terms and conditions with the starting monthly rent of Rs.10,35,000/- plus GST for the initial period of three years.

7. Plaintiff agrees to fix the rent at Rs.8,00,000/- plus GST for six months from October 2020 till March 2021 owing to the lock down and recession due to the Pandemic Covid 19.

4. In view of the compromise entered into between the parties,

Civil Suit is disposed of. Memorandum of Compromise shall form part N.SATHISH KUMAR,J mvs.

of the records. Court fee shall be returned as per law. No costs. Consequently, connected A.No.2040 of 2020 is closed. 23/11/2020 mvs.

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