Madras High CourtCS/156/2023decree in terms of memo of comprom

A.Inbasekar v. Raju L.Bathija, S/O. Lachmandas V Bathija,

2024-09-12Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and A.No.4198 of 2023 A.Inbasekar ...

Plaintiff vs Raju L. Bathija ...

Defendant Prayer: This Civil Suit is filed under Order VII Rule 1 of the CPC read with Order IV Rule 1 of Original Side Rules, praying for a judgment and decree against the defendant directing the defendant to pay a sum of Rs.4,62,00,000/- towards the payment of loan amount to the plaintiff together with interest @ 18% per annum from the date of plaint till the date of realization.

For Plaintiff : Mr.P.Chandrasekar For Defendant : Mr.T.Vijay 1/4

JUDGMENT

The suit had been filed seeking a judgment and decree against the defendant directing the defendant to pay a sum of Rs.4,62,00,000/- towards the payment of loan amount to the plaintiff together with interest @ 18% per annum from the date of plaint till the date of realization.

2. Both the parties are present today before this Court and they are identified by the respective counsels. A joint compromise memo dated 11.09.2024 had been presented in Court and both the parties have signed the joint memo of compromise and the respective counsel have attested the same. This court put to the parties as to the contents of the joint memo of compromise and they have given consent for the same. The learned counsel appearing for the defendant has handed over three Demand Drafts to the plaintiff, totalling to Rs.3,00,00,000/-, as mentioned in Para 4 of the Joint Memo of Compromise. With regard to the plea of refund of entire court fee paid in the suit, the plaintiff is entitled to the same as per the Rules.

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3. As stated in Para 2 of the Joint Memo of Compromise, the attachment raised vide order of this Court dated 09.01.2024 made in A.No.4198 of 2023 shall stand relieved as the plaintiff has made an endorsement of "no objection" in Para 6 of the Joint Memo of Compromise.

3. In view of the above observations, the suit is decreed in terms of the joint memo of compromise. No order as to costs. The joint memo of compromise shall form part of the decree. 12.09.2024 rgr Note : Registry is directed to intimate the concerned SRO about relieving of the order of attachment dated 09.01.2024 made in A.No.4198 of 2023 in the prescribed format.

: Yes / No Index : Yes / No Speaking order : Yes / No 3/4

RMT.TEEKAA RAMAN, J.

rgr and A.No.4198 of 2023 12.09.2024 4/4