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Madras High CourtCS/485/2014decree in terms of memo of comprom

Mrs.G.R.Kalaimathi v. Mrs.T.Latha

2019-01-31Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 31st DAY OF JANUARY, 2019 THE HON'BLE MR. JUSTICE M.SUNDAR C.S.No.485 of 2014 and A.No.4836 of 2014 Mrs.G.R.Kalaimathi, W/o.E.Govindarajan, Proprietrix, M/s.Sri Sai Traders, No.10/329, 2nd Floor, Thambu Chetty Street, Chennai - 600 001.

..Plaintiff/Applicant Vs.

1.Mrs.T.Latha, W/o.Mr.Thiyagarajan, Proprietrix, M/s.Sri Durga Exports, S.M.G. Complex 2nd Floor, 195/75, Chandra Gandhi Nagar (Main), Next to ICICI Bank, Bye Pass Road, Madurai.

2.Mr.R.Thiyagarajan, S/o.Ramasamy, No.31, Surya House, Jai Nagar, Ponmeni, Madurai - 625 010.

..Defendants/Respondents C.S.No.485 of 2014:

This Suit praying that this Hon'ble Court be pleased to pass a Judgement and Decree for:

a) directing the 1st Defendant to pay a sum of Rs.1,32,79,200/- with future interest at the rate of 18%

per annum on the the Principal amount from the date of filing of the suit till date of realiation to the Plaintiff; and b) awarding costs of the suit.

A.No.4836 of 2014:

Application praying that this Hon'ble Court be pleased to direct the respondents to furnish security for a sum of Rs.2,00,00,000/-(Rupees Two Crores Only) on a date specified by this Hon'ble Court failing which order attachement of the properties before judgement through District Court, Madurai, pending disposal of the suit. Civil Suit alongwith application coming on this day before this Court for hearing in the presence of Mr.S.F.Mohammed Yousuf, Advocate for the Plaintiff in C.S.No.485 of 2014 and for the Applicant in A.No.4836 of 2014 and Mr.P.Dhayanand, Advocate for the Defendants in C.S.No.485 of 2014 and for the Respondents inA.No.4836 of 2014 and upon reading the Plaint filed herein and the Order herein dated 03.10.2018 and a joint memo signed by the Plaintiff and the Defendants herein with their respective Advocates for the parties hereto and this Court passes a decree interms of joint memo morefully set out in the Schedule hereunder, it is interms thereof ordered and decreed as follows:

- That the Plaintiff and the Defendants herein, have agreed to settle the entire suit claim at Rs.25,00,000/- (Rupees Twenty Five Lakhs Only)

2) That the Defendants herein, have further agreed that they shall pay a sum of Rs.5,00,000/-(Rupees Five Lakhs Only) on or before 15.04.2019 and shall pay a sum of Rs.20,00,000/-(Rupees Twenty Lakhs Only) on or before 31.07.2019 to the Plaintiff towards the discharge of the aforesaid sum.

3) That both the parties hereto, further agree that in the event of failure of the Defendants to pay the amounts to the Plaintiff on the stipulated dates, the amounts payable on the said dates shall carry an interest of 18% per annum till the date of Payments.

4) That the both parties hereto, agree that the suit shall be decreed in the aforesaid terms and conditions. 5) That both Counsel agree that Plaintiff herein shall not be entitled to refund of Court fee in the light of a compromise decree being passed.

6) That the A.No.4836 of 2014 do stand closed.

7) That there shall be no order as to costs.

(Schedule Joint Memo)

KUN 21.02.2019 C.S.No.485 of 2014 and A.No.4836 of 2014 Decree Dated:31.01.2019 THE HON'BLE MR.JUSTICE M.SUNDAR FOR APPROVAL: 19.03.2019 APPROVED ON : 19.03.2019