R. Duraivelu v. M/S. A.Y. Bhavani Proprietrix

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and CMP No.15974 of 2024 R. Duraivelu Petitioner Vs M/s. A.Y. Bhavani Proprietrix M/s Vadivudai Amman Enterprises, Rep. by Power Agent, V.J.Vijayakumar, S/o. V.L.Jagadeesan, Res. at No. 37, Shanthi Nagar, 5 th Street, Vysarpadi, Chennai 600 039.

Respondent Prayer :

Petition filed under Section 115 of Civil Procedure Code, 1908, to set aside the fair and decreetal order dated 04.06.2024 made in E.P.No.214 of 2022 passed by the learned IV Additional District and Sessions Judge, Thiruvallur at Ponneri and allow this Civil Revision Petition. For Petitioner(s):

V. Vignesh For Respondent(s):

M/s. K. Bijai Sundar Dr. R. Sunitha Sundar Rm.Meenakshi Sundaram For Sole Respondent

ORDER

This Civil Revision Petition is restored by order dated 28.04.2025 in C.M.P.No.5969 of 2025.

2. The learned counsel for the petitioner that this matter has been settled between the parties by way of a Memo of Compromise dated 28.04.2025. The respondent had also agreed to receive the due amount payable by the petitioner in three installments. Further, he submits that the petitioner undertakes that the post-dated cheques will be honored without any default. Thereby, he prayed that the revision may be disposed based on the terms of the Memo of Compromise.

3. The learned counsel appearing for the respondent submits that the respondent/decree holder acknowledges the receipt of the post-dated cheques from the petitioner as full and final settlement subject to honouring of cheques, and that this case may be disposed of on the terms of joint compromise memo.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

5. The said Memo of Compromise dated 28.04.2025, is taken on record, and the same is extracted hereunder:-

6. Considering the submissions made by the learned counsel on either side, C.M.P. No.5969 of 2025 filed to set aside the order of dismissal for nonprosecution made in the above Civil Revision Petition is restored by order dated 28.04.2025, and based on the compromise memo dated 28.04.2025 filed before this Court, this Court is inclined to dispose of the Civil Revision Petition.

7. In view of the above, this Civil Revision Petition shall stands disposed of. Consequently, the connected miscellaneous petition is also closed. No costs.

8. The Memo of Compromise filed by the parties shall form part of the Court records. It is made clear that if the post-dated cheques are not honoured, the petitioner will be liable for contempt.

28-04-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes klt

A.D.JAGADISH CHANDIRA J.

klt and CMP No.15974 of 2024 28-04-2025 (2/2)