Mr.V.Sriganesh v. S.Gopal

ABDUL QUDDHOSE, J.

The parties have filed a Joint Memorandum of Compromise dated 13.01.2022, which is placed before this Court, today. The said Joint Memorandum of Compromise is recorded. However, the learned counsel for the respective parties submits that sale deed will have to be executed in terms of the Joint Memorandum of Compromise and is likely to be executed shortly and he would submit that after execution of the sale deed, the decree can be passed by this Court in terms of the Memorandum of compromise. As per the terms of the compromise, the defendants are entitled to withdraw a sum of Rs.18,00,000/-, deposited by the plaintiff to the credit of the suit along with accrued interest, if any in terms of the order passed by this Court in A. No.8120 of 2019, dated 25.10.2019. The sum of Rs.18,00,000/- referred to supra together with accrued interest if any lying in the Court deposit is undisputed by the learned counsel for the plaintiff and he would also agree that the defendants are entitled for payment out of the said sum. The said statement is recorded by this Court.

2. Registry / Accounts Department of the High Court of Madras is directed to issue a cheque for a sum of Rs.18,00,000/- (Rupees eighteen lakhs only) together with accrued interest if any to the 1st defendant after obtaining a consent

letter from the second defendant for permitting the Registry to issue a cheque in favour of the first defendant. This direction is issued by this Court only subject to the condition that the amount mentioned in the Memorandum of compromise is available in the Court deposit lying to the credit of C.S. No.626 of 2019 and liberty is granted to the Registry / Accounts Department of the High Court to verify the same from their records and only after their satisfaction, they shall issue a cheque, as directed by this Court in favour of the 1st defendant in today's order. However, Registry after verification and after getting itself satisfied that a sum of Rs.18,00,000/- is lying in the Court deposit to the credit of C.S. No.626 of 2019 shall issue a cheque in favour of the 1st defendant, as directed supra on or before 28.01.2022.

3. Originally, the suit was filed in the Commercial Division and thereafter on orders passed by this Court, it was transferred to the file of this Court as an ordinary Civil Suit. This is for the Registry's information. Post the matter on 01.02.2022.

21.01.2022 Note : Upload order copy on 21.01.2022 vsi2 ABDUL QUDDHOSE, J.

vsi2 21.01.2022