N.R.Rajagopalan v. M/S.Kwik Patch Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. Nos.185 & 193 of 2019 and C.M.P.Nos.3797 & 4273 of 2020 N.R.Rajagopalan ... Appellant in both A.S.s Vs

1. M/s.Kwik Patch Ltd., rep. by its Joint Managing Director Shrimath R.Ratnam

2. M/s.Samartha Rubber Products (P) Ltd., rep. by its Managing Director .. Respondents in A.S.No.185 of 2019 M/s.Kwik Patch Ltd., rep. by its Joint Managing Director Shrimath R.Ratnam .. Respondent in A.S.No. 193 of 2019 Prayer in A.S.No.185 of 2019 :- This First Appeal has been filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and 1\4

decree dated 18.07.2018 made in O.S.No.36 of 2009, on the file of learned Principal District Judge, Puducherry.

Prayer in A.S.No.193 of 2019 :- This First Appeal has been filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and decree dated 18.07.2018 made in O.S.No.23 of 2005, on the file of learned Principal District Judge, Puducherry.

For Appellant in both A.S.s : Mr.A.V.Arun Asst. by Mr.M.A.Aruneshe For Respondents in both A.S.s : Mr.M.Suresh COMMON JUDGEMENT Today, when the matter taken up for hearing, both learned counsel for appellant and respondents appeared and submitted that the matter was already referred to mediation and a mediation agreement was executed between parties. Accordingly, the respondents agreed to pay an amount of Rs.20,00,000/- (Rupees twenty lakhs only) as full and final settlement in 4 equated monthly instalments, in which first instalment amount of Rs.5,00,000/- favouring N.R.Rajagopalan by way of Cheque No.742389 drawn on IndusInd Bank, Nungambakkam Branch dated 2\4

28.08.2023 was handed over to the appellant, which was acknowledged by him and the details of remaining instalments are extracted hereunder:- Sl.

No.

Date Bank Name (Branch) Cheque No.

Amount Rs.

1.

28.09.2023 IndusInd Bank, Nungambakkam Branch 742390 5,00,000/- 2.

28.10.2023 IndusInd Bank, Nungambakkam Branch 742391 5,00,000/- 3.

28.11.2023 IndusInd Bank, Nungambakkam Branch 742392 5,00,000/- To that effect, a Mediation Agreement executed between the parties was submitted before this court.

3. In view of the same, these Appeal Suits are disposed of. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. Registry is directed to refund the entire court fee paid by the appellant under Tamil Nadu Court Fees Act as well as Pondicherry Court Fees Act to him. The mediation agreement shall form part and parcel of the decree. 31.08.2023 Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp To Principal District Judge, Puducherry.

3\4

T.V. THAMILSELVI, J.

rpp A.S. Nos.185 & 193 of 2019 31.08.2023 4\4