D.Jaya Venkar Prasad v. Syndicate Bank

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 11.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP [NPD] No.5173 of 2024 D.Jaya Venkat Prasad . . . Petitioner

Versus

1. M/s.Syndicate Bank, K.K.Nagar Branch, 793, Dr.Ramaswamy Salai, Opp. Amman Koil, K.K.Nagar West, Chennai - 600 049.

2. Mr.A.Vivekanandan

3. M/s.Canara Bank, [formerly known as M.s,Syndicate Bank] K.K.Nagar Branch, Rep. by its Manager, 793, Dr.Ramaswamy Salai, Opp. Amman Koil, K.K.Nagar West, Chennai - 600 049.

[R3 impleaded vide Court Order dated 20.01.2025 made in CMP.No.943 of 2025 in CRP.No.5173 of 2024 by NSKJ] . . . Respondents Page 1 / 5

PRAYER : Petition filed under Section 115 of Code of Civil Procedure to set aside the fair and decreetal Order passed in I.A.No.1 of 2023 in O.S.No.3469 of 2010 by the learned XI Assistant City Civil Court, Chennai dated 30.08.2023.

For petitioner : Ms.M.E.V.Thulasi For respondents : Mr.AGD.Balakumar - R1 & R3

O R D E R

Challenge has been made to the dismissal of the application filed by the revision petitioner to condone the delay in filing an application to set aside the exparte decree passed against the petitioner on 17.09.2010, in the present Civil Revision Petition.

2. When the matter is taken up today, the learned counsel for both sides submitted that the parties have settled the dispute between them in the mediation center and they had entered into a Settlement Agreement before the mediation center in this regard and they had arrived at a settlement in the Page 2 / 5

following terms :

a] Both parties have agreed to settle the matter. As full and final settlement the respondent has agreed to receive Rs.20.000/- [Rupees twenty thousand only] from the revision petitioners towards O.S.No.3469 of 2010.

b] The Revision Petitioner is paying the sum of Rs.20,000/- [Rupees twenty thousand only] by way of cheque dated 02.07.2025 [Cheque No.008914] drawn on Axis Bank Ltd., Aynavaram Branch, Chennai, subject to realisation of Cheque. c] The Bank has agreed to give No Due Certificate within ten days from today.

3. Accordingly, this Civil Revision Petition is disposed of in terms of the Settlement Agreement entered between the parties before the Mediation Center on 02.07.2025 and the fair and decreetal Order made in I.A.No.1 of 2023 in O.S.No.3469 of 2010 dated 30.08.2023 is set aside. No costs. The Settlement Agreement entered between the parties before the Mediation Page 3 / 5

Center dated 02.07.2025 shall form part of the decree. 11.07.2025 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, The XI Assistant Judge, City Civil Court, Chennai.

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N. SATHISH KUMAR, J.

vrc CRP NPD No.5173 of 2024 11.07.2025 Page 5 / 5