M/S.Aditya Real Estates v. Vasavi Housing Infrastructure

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI C.S.No.376 of 2014 M/S.Aditya Real Estates, rep by its Proprietor Manish Agrawal, 19/20, General Muthiah Mudali Street, Chennai - 600 079.

....Plaintiff Vs.

1.Vasavi Housing Infrastructure Ltd., rep by its Director P.Ravindranath No.8-A, Kandasamy Street, R.A.Puram, Chennai - 600 028.

2.Rekha Balan 3.Ravirajan Kandaswamy ...Defendants PRAYER: Plaint filed under Order VII Rule 1 of CPC r/w Order IV Rule 1 of the O.S.Rules, praying to pass judgment and decree against the defendant:- a) Directing the defendants to specifically perform the two Agreements for Sale dated 22.11.2010 for undivided share in land and two Construction Agreements dated 15.04.2011 for construction of flat, relating to the suit schedule B properties by executing and registering Sale Deed/s conveying three portions of undivided shares mentioned in

Schedule B to the plaint in favour of the plaintiff and construct the three flats mentioned in Schedule B to the plaint and directing the defendants to pay the plaintiff a sum of Rs.1,18,84,950-00/- being return of total amount of Rs.77,17,500-00/- and Rs.41,67,450-00/- being compensation at 18% p.a., till the date of the plaint and compensation on Rs.77,17,50000/- at 18% p.a., from the date of plaint till payment or realization. b) Granting permanent injunction restraining the Defendants or any person/s claiming through or under them from in any manner alienating or encumbering the suit schedule B properties. c) Directing the defendants to pay cost of this suit. For Plaintiff : Mr.V.Balasubraminam for M/S.V.Balasubramaniam & Asso.

For Defendants For D1 : Mr.A.Abdul Rahman For D2 & D3 : S.V.Shyam Kaarthik - - - - -

J U D G M E N T

The matter is listed today under the caption "for reporting settlement".

2.The learned counsel for the plaintiff and the learned counsel for the defendants are present. The parties have reached a

Settlement Agreement on 17.04.2024 before the Mediation Centre attached to this Court and the original Settlement Agreement has been placed before me for approval. The parties and their respective counsel have signed the Settlement Agreement before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, on 17.04.2024. 3.In view of the above, the suit is decreed in terms of the said Settlement Agreement and the same shall form part of the Decree. Since the matter has been settled, the original documents that have been filed along with the suit may be returned to the learned counsel for the plaintiff, subject to the learned counsel for the plaintiff substituting the originals with certified copies. There shall be no order as to costs. The plaintiff shall be entitled to refund of Court fee, subject to statutory deduction, if any, by following the procedure for refund. 23.04.2024 ata

P.B.BALAJI, J.

ata C.S.No.376 of 2014 23.04.2024