Madras High CourtAS/782/2019disposed of in memo of compromise

Rohini Balasubramaniam v. R.Gururajan

2021-02-24Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN A.S.NO.782 OF 2019 AND C.M.P.NO.23915 OF 2019 Mrs.Rohini Balasubramaniam ... Appellant/Defendant .Vs.

R.Gururajan Proprietor of M/s.G.V.R.Engineers ... Respondent/Plaintiff PRAYER:- Appeal Suit is filed under Section 96 of C.P.C., r/w order 41 of the code of C.P.C., 1908, against the judgment and decree of the learned Additional District and Sessions Judge, Chengalpattu, dated 14/02/2019 in O.S.No.25 of 2015. For Appellant :

Mr.P.Raghunathan For M/s.T.S.Gopalan and Co.

For Respondent :

Mr.K.V.Seshachari

J U D G M E N T

When the matter was taken up for final disposal, the learned counsels appearing for the appellant as well as the respondent submitted that the parties have arrived at settlement and the terms of settlement reduced in writing by way of memo. A copy of the compromise memo dated 12.01.2021 also annexed along with the memo filed by the learned counsel on behalf of the appellant reporting settlement.

2. The sum and substance of the compromise is that the plaintiff agreed to receive a sum of Rs.9,00,000/- from the defendant towards full quit and satisfaction of the liability. Mode of payment is also mentioned in the terms of compromise. It appears that the defendant has deposited a sum of Rs.7,37,029/- to the credit of O.S.No.25 of 2015 and now the defendant has https://hcservices.ecourts.gov.in/hcservices/

agreed to pay the balance amount of Rs.1,62,971/- by way of Demand Draft in favour of the plaintiff.

3. Hence, this Appeal Suit is disposed of as settled out of Court in terms of compromise memo dated 12.01.2021. Consequently, connected miscellaneous petition is closed. No costs.

4. The terms of memo of compromise shall form part of the decree. The Registry is directed to refund full Court fee in view of the recent judgment of the Hon'ble Supreme Court rendered in The Registrar General Vs. M.C.Subramanian and others. * Xerox Copy of Joint Memo of Compromise filed by the Appellant and Respondent is enclosed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpl To The Additional District and Sessions Judge, Chengalpattu.

+1cc to M/s.T.S.Gopalan and Co., Advocate, S.R.No.11353 A.S.NO.782 OF 2019 AND C.M.P.NO.23915 OF 2019 RP(CO) PBS/24/11/2021 https://hcservices.ecourts.gov.in/hcservices/