M.R.Prem Kumar v. Murali Gopalakrishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 27TH DAY OF MARCH 2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH O.A.No.958 of 2016 and A.No. 5612 of 2016 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Certain disputes Between M/s. Sthira Constructions And Mr.Murali Gopalakrishnan Mrs.P.S.Alamelu in respect of the Construction Agreement Dated 12.12.2014.
Mr.M.R.J.Prem Kumar Proprietor of M/s. Sthira Constructions, No.7/4, 1st Cross Street, 1st Floor, Seethammal Colony Extn, Teynampet, Chennai 600 018.
... Applicant/Applicant Vs
1. Mr.Murali Gopalakrishnan S/o. late P.S.Gopalakrishnan Flat No.3A, Milestone Apartments, No.14, Sriram Nagar South Street, Alwarpet, Chennai 600 018.
2. Mrs.P.S.Alamelu W/o. Late P.S.Gopalakrishnan Flat No.3A, Milestone Apartments, No.14, Sriram Nagar South Street, Alwarpet, Chennai 600 018.
... Respondents/Respondents O.A.No.958 of 2016:
Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the respondents, their agents, servants, men or anyone claiming under or through them and/or authorized by them from in any manner completing the construction activities till such time the construction work so far done
by the applicant is assessed and the dues are ascertained thereby granting interim protection and preservation of other terms of agreement dated 12.12.2014, pending preferring the claim before the Arbitral tribunal to be constituted in accordance with law.
A.No.5612 of 2016:
Application praying that this Hon'ble Court be pleased to appoint a Civil Engineer as Commissioner to take an inventory of the construction work done and the construction work to be done in the property, more fully described in the schedule appended to the judge's summons thereby determine the dues owned to the applicant. These applications coming on this day before this court for hearing the court made the following order:- This matter is closed in the light of memorandum dated 24.03.2018 duly executed by the applicant, its counsel, respondents and their counsel respectively.
2.The memo of compromise records the payment to be made by the respondents of a sum of Rs.4,50,000/-. Learned counsel for the respondent would submit that in satisfaction of the memorandum of compromise, the applicant has received a cheque for a sum of Rs.4,50,000/- (Rupess Four Lakhs and Fifty Thousand only). Needless to say this memorandum of compromise is subject to realisation of the cheque.
3. Accordingly, the above applications are closed in terms of memorandum of compromise dated 24.03.2018, which shall form part and parcel of the order.
Sd/-A.S.M.J 27/03/2018 //Certified to be a true copy// Dated this the day of 2018 JJ 15.11.2018 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.