M/S. Skillplus Infra Private Limited, v. Sri Saravana Constructions,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and A.No.4103 of 2022 in M/s.Skillplus Infra Private Limited Rep. by its Chief Operating Officer Mr.Vamsi Krishna Gandavaram registered office at No.16/21, Second Floor, Cenotaph Road First Street, Alwarpet, Chennai-600 018.
.. Plaintiff Vs.
M/s.Sri Saravana Constructions Rep. by its Directors Registered office at No.153, Lakshmipuram, Palani-624 601.
.. Defendant This Civil Suit is preferred, under Order IV, Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC praying (a) Directing the defendant to pay an amount of Rs.2,31,69,900/- (Rupees Two Crores Thirty One Lakhs Sixty Nine Thousand Nine Hundred Only) along with interest at 24% per annum on the principle Page Nos.1/12
amount of Rs.2,31,69,900/- (Rupees Two Crores Thirty One Lakhs Sixty Nine Thousand Nine Hundred Only) from the date of plaint till the date of realization;
(b) Directing the defendant to pay the costs of the suit; For Plaintiff :
Ms.Thanga Vadhana Balakrishnan For Defendant :
Mr.S.R.Sundar
J U D G M E N T
Captioned suit is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
2. Ms.Thanga Vadhana Balakrishnan, learned counsel on record for sole plaintiff and Mr.S.R.Sundar, along with Mr.S.Bhargavan, learned counsel on record for sole defendant are before this Commercial Division.
3. Both learned counsel submit that lis was placed before 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' [hereinafter 'TNMCC' for the sake of brevity], lis has since been settled and compromise agreement dated 03.11.2022 has been entered into Page Nos.2/12
between the parties.
4. Mediation report placed before this Commercial Division shows that referral to mediation was on 14.10.2022 and after three mediation sessions, a compromise agreement i.e., 'Mediated Settlement Agreement dated 03.11.2022' [hereinafter 'said agreement' for the sake of convenience and clarity] has been entered into.
5. Both learned counsel, adverting to said agreement request for a compromise decree in the captioned suit in terms of said agreement.
6. A scanned reproduction of letter dated 04.112022 from TNMCC under cover of which, the aforementioned mediation report and said agreement have been sent to this Commercial Division are as follows: Page Nos.3/12
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7. Both the learned counsel before this Commercial Division, adverting to said agreement submit that the same was signed in the presence of each other and on that basis, seek dispensing with the Page Nos.10/12
presence of parties for recording memo of compromise. Considering the nature of the matter and the fact that both parties have signed said agreement in the presence of each other before TNMCC, this request is acceded to.
8. Be that as it may, vide separate order in A.No.4917 of 2022 in C.S.(Comm. Div.)No.201 of 2022, amendment to the plaint has been permitted and plaintiff counsel has been granted two weeks time to carry out necessary and consequential amendment. Registry shall issue judgment and decree only after incorporation of amendment i.e., after 28.11.2022.
9. In the light of the narrative thus far, captioned suit is decreed in terms of said agreement which shall form part of judgment and decree. There shall be no order as to costs. Consequently, connected application is closed.
14.11.2022 (1/2) Index : Yes/No Speaking/Non-speaking order mk Page Nos.11/12
M.SUNDAR, J.
mk 14.11.2022 (1/2) Page Nos.12/12