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Madras High CourtCS/463/2012settled before the lokadalats

Rajakumari David v. D.R.Kumar

2017-11-28Honourable Mr Justice T.N.Vallinayagam(Lok-Ii)5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 28th day of November, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM, (Retd.) and Members Mr.K.Ramakrishnan Mrs.S.Sridevi C.S.No.463 of 2012 (This Civil Suit is filed for a judgment and decree against the defendant a) Directing the defendant to pay Rs.26,00,000/- as damages on account of defamation caused by him with interest.

b) Pay the Costs of the suit.) Mrs. Rajkumari david W/o late Mr. Roy david, No.1-A, Fenton Court, B.K.N. Avenue, Vepery, Chennai - 600 007 ... Plaintiff

Vs Mr. D.R.Kumar S/o Mr. Devaraj, No.9, Phoenix Towers, No.6, Venkatesan Street, West Tambaram, Chennai - 600 045.

... Defendant On representation of the Advocate for the Plaintiff this case is taken up for settlement before the Lok Adalat. Both the Counsels are present. The learned counsel appearing for the plaintiff Mr.M.Asokaa, is present and the The learned counsel appearing for the Defendant Dr.P.Jagadeesan, is present. After mutual discussion, negotiation, mediation and conciliation between the parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT This Civil Suit is filed by the plaintiff seeking direction against for the defendant to pay Rs.26,00,000/- as damages on account of defamation caused by him with interest and Pay the Costs of the suit.

2. A Joint memo of compromise filed for settling the suit wherein the award is passed in terms of the Joint memo of compromise. Award is passed permitting withdrawal of the case.

3. The Joint Memo shall form a part of the award as follows:

"It is submitted that the above suit in C.S.No.463 of 2012 is filed by plaintiff, claiming damages on account of defamation. In view of out of Court compromise arrived at between the parties in the presence friends and family members, both plaintiff and the defendant have settled the issue amicably.

It is agreed by the plaintiff to withdraw the case in C.S.No.463 of 2012 and the defendant has no objection for the same and both parties have agreed that they will not make any claim whatsoever against each other in respect of the issue raised in the suit in future also.

It is also agreed by both the parties to withdraw the police complaint given in this by them against each other.

It is therefore prayed that this Hon'ble Court may be pleased to permit the parties to withdraw the case and render justice."

Both the parties signed in the Memo of Compromise. It is sufficient if the advocates on record signed this award. Award is passed accordingly.

Counsel for the Plaintiff Counsel for the Defendant Sd- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy// Sub Assistant Registrar(OS) This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to Mr.M.Asokaa, Plaintiff Counsel on the Court fee paid in the Plaint in the manner provided under Section 69-A of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

To The parties/Advocate concerned Copy to:

1.The Secretary, High Court Legal Services Committee, Chennai. 2.The Record Keeper, Original Side, High Court, Madras.

3.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies T.N.VALLINAYAGAM, (Retd.) klt C.S.No.463 of 2012 28.11.2017