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Madras High CourtCS/781/2018disposed of

Karpagam A v. Maximus Blue Metals

2024-08-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.781 of 2018 and A.Nos. 2050, 2051 & 2052 of 2022 A.Karpagam .. Plaintiff

Versus

M/s.Maximus Blue Metals No.12, East Tank Road Opp. Chennai Trade Centre Nandambakkam, Chennai - 600 089 .. Defendant Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs: a) a sum of Rs.1,37,72,177/- (Rupees One Crore Thirty Seven Lakhs Seventy Two Thousand One Hundred and Seventy Seven Only) together with further interest calculated at the rate of 18% per annum from the date of the plaint till the date of payment;

b) for costs of the suit;

For plaintiff : Ms.R.Varalakshmi For defendant : Mr.David Tyagaraj

JUDGMENT

This Civil Suit has been filed directing the defendant to pay a sum of Rs.1,37,72,177/- (Rupees One Crore Thirty Seven Lakhs Seventy Two Thousand One Hundred and Seventy Seven Only) together with further interest calculated at the rate of 18% per annum from the date of the plaint till the date of payment.

2. Compromise is reached between the parties and the Compromise Agreement is filed before this Court, wherein, it is agreed between the parties that the defendant has to pay the Rs.60 lakhs in twenty installments commencing from 03.06.2024 to 02.01.2026. Similarly, it is also agreed that in the event of any default committed by the defendant for a continuous period of two months, it is well open to the plaintiff to re-open this suit and contest the suit. Similarly, the plaintiff, on receipt of the agreed amount shall withdraw the complaint under Section 138 of Negotiable Instrument Act before the Fast Track Court 2 at Allikulam.

3. This Civil Suit is decreed in terms of compromise agreement dated 03.06.2024 and the memo of compromise agreement shall form part and parcel of the decree. Decree shall be in terms of the memo of compromise.

4. Accordingly, the Civil Suit stands disposed of. No costs. Consequently, connected applications are closed. 23.08.2024 dhk

N.SATHISH KUMAR, J.

dhk C.S.No.781 of 2018 23.08.2024