Leatherhunte Private Limited v. United India Insurance Co.Ltd
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 06th day of December 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.THANIKACHALAM (Retd.) and Members Mr.R.Jeyaratchakan Mrs.Sridevi Chandran C.S.NO.537 of 2012 (This Civil Suit is paying for a sum of Rs.39,28,787.69 toether with furher interest at 7%p.a from the date of decree till realization and for costs.) LeatherHunte Private Limited Represented by its Executive Director Sundareshwar Srinivasan No.44D, G.S.T.road, Guindy, ...Plaintiff Vs.
1.United India Insurance Co. Ltd., rep by its Branch Manager, #44 G.S.T Road, Guindy, 2.United India Insurance Co. ltd., Regional office rep. By its Regional manager Silingi Building, New No.134, Greams Road, Chennai - 6.
... Defendants
This case is not listed today. By consent of both counsel, this case is taken up for settlement before the Lok Adalat. M/s. M.Sridhar & Padmini Sridhar, the learned counsel for the plaintiff and Mr.M.B.Ragavan, the learned counsel for the defendants are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT The plaintiff and defendant represented by their respective counsel present.
2. The plaintiff approached the Hon'ble High Court for the recovery of a sum of Rs.39,20,787.69 by way of filing the original suit. It appears the plaintiff company insured the machineries and other materials with the defendants/insurance company. There was a flood in the year 2008 Novermber, resulting damage to the machineries and other materials for which the above said claim was raised by way of suit.
3.The parties on their own of advise by well wishers, have settled the matter between themselves and pursuant to the settlement they have filed a joint memo signed by the parties, as well as the respective counsels. As per the joint memo of compromise filed, the plaintiff had agreed to
receive a sum of Rs.13,00,000/- (Rupees thirteen lakhs only) in full quit of the claim, for which the defendant had also agreed, to pay the sum within six weeks. The parties have also agreed the terms of the compromise. Hence the memo of compromise filed by the parties, is recorded.
4. In pursuance of the memo of compromise there will be a decree in favour of the plaintiff in a sum of Rs.13,00,000/- (Rupees thirteen lakhs only) in full quit of the claim. Rest of the claims is dismissed. The plaintiff is entitled to refund of the Court fee, as per the provision of Court Fee Act as well as Legal Service Authorities Act. Suit is decreed in terms of the Joint endorsement, accordingly. The memo of compromise shall form part of the award.
5. The defendant is directed to pay the above said amount within six weeks from the date of receipt of this order by NEFT/RTGS.
LeatherHunte Private Limited Represented by its Executive Director Sundareshwar Srinivasan No.44D, G.S.T.road, Guindy, Counsel for Plaintiff
1. United India Insurance Co. Ltd., rep by its Branch Manager, #44 G.S.T Road, Guindy,
2. United India Insurance Co. ltd., Regional office rep. By its Regional manager Silingi Building, New No.134, Greams Road, Chennai - 6.
Counsel for Defendants Sd- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy// Sub Assistant Registrar(OS) To:The parties/Advocate concerned Copy to:
1.The Secretary, High Court Legal Services Committee, Chennai.
2.The Section Officer, V.R.Section, High Court, Madras. 3.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies M.THANIKACHALAM (Retd.) av C.S.NO.537 of 2012
06.12.2017