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Madras High CourtWA/2312/2018disposed of in memo of compromise

Ponneri Primary Argicultural Cooperative v. S.Monoanamani

2022-06-24Honourable Mr Justice T.Raja,Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR. JUSTICE K.KUMARESH BABU W.A.No.2312 of 2018 and WP.No.8765 of 2017 Ponneri Primary Agricultural Cooperative Credit Society Limited, Kottamangalam Post, Udumalpet Taluk, Thiruppur District.

Pin 642 154.

...appellant Vs.

1. S.Manonmani

2. S.Sathiskumar

3. The Deputy Registrar of Co-operative Societies, Vasantha Road, Dharapuram Post Tiruppur District, Pin 638 656.

4. The Special Tribunal for Cooperative Society Cases/ First Additional District Judge, Tiruppur Post & District.

...respondents PRAYER:

Writ Appeal filed under Clause XV of the Letters Patent against the order dated 20.09.2017 in WP.No.22276 of 2016 passed by the Single Judge of this Court.

Page No.1/5

For appellants : Mr.A.Praveen Kumar For respondents for RR1 & 2 : Mr.K.Premkumar for R3 : No appearance for R4 : Court WP.No.8765 of 2017 S.Manonmani ... petitioner vs.

1. The Deputy Registrar of Coop. Societies, Katcheri Street, Dharapuram 638 656, Tiruppur District.

2. K.293, Ponneri Primary Agricultural Cooperative Credit Society Ltd., Kottamangalam 642 154, Udumalpet, Tiruppur District.

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to pay and settle the terminal benefits of Rs.5,14,413/- along with interest at the rate of 9% p.a. for the belated payment from the date of due on 01.06.2004 till its payment.

For petitioner : Mr.K.Premkumar For respondents for R2 : Mr.A.Praveen Kumar Page No.2/5

COMMON JUDGMENT (The Judgment of the Court was delivered by T.RAJA, J) When the matter was taken up for hearing, learned counsel appearing for the respondents 1 and 2 and the appellant in WA.No.2312 of 2018, jointly placed a memo, dated 30.03.2022, which was signed by both the counsel, stating that the matter has been settled out of Court. The terms of the said memo reads as follows:

"1. The respondents 1 and 2 submit that they have paid a sum of Rs.26,11,457/- (Rupees Twenty six lakhs eleven thousand four hundred and fifty seven only) on 23.03.2022 in favour of the Appellant's society as full and final settlement of all claims, including the claim of the Writ petitioners in W.P.No.8765 of 2017.

Therefore, the Respondents pray that this Hon'ble Court may be pleased to record this Memo and close the above W.A.No.2312 of 2018 and W.P.No.8765 of 2017 as the entire money claims between the parties were settled and thus render justice."

Page No.3/5

2. The said memo dated 30.03.2022 is recorded. The Writ Appeal and Writ Petition are disposed of in terms of the said memo, which shall form part of the judgment. No costs.

(T.R.J.,) (K.B.J.,) 24.06.2022 Index : Yes / No Speaking order: Yes/No pvs To

1. The Deputy Registrar of Co-operative Societies, Vasantha Road, Dharapuram Post Tiruppur District, Pin 638 656.

2. The Special Tribunal for Cooperative Society Cases/ First Additional District Judge, Tiruppur Post & District

3. The Deputy Registrar of Coop. Societies, Katcheri Street, Dharapuram 638 656, Tiruppur District.

4. K.293, Ponneri Primary Agricultural Cooperative Credit Society Ltd., Kottamangalam 642 154, Udumalpet, Tiruppur District.

Page No.4/5

T.RAJA , J.

and K.KUMARESH BABU, J.

pvs 24.06.2022 Page No.5/5