Madras High CourtTR CMP(MD)/335/2017closed

State Bank Of India, v. G.Rajendran,

2017-09-06Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2017

CORAM

THE HONOURABLE MRS.JUSTICE J. NISHA BANU TR.C.M.P(MD)No.335 of 2017 and CMP(MD)No.7071 of 2017 State Bank of India, Rep. by its Branch Manager, Therkku theru Branch, No.2/65, Kamarajar Street, Therkku Theru, Melur Taluk, Madurai District.

...Petitioner / Respondent

Vs.

G.Rajendran .. Respondent / Petitioner Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the petition in E.A.No.20 of 2017 in E.P.No.233 of 2017 in O.S.No.360 of 2016 from the file of I Additional Sub Judge, Madurai (Melur Camp), and transfer the same to any other competent Court . For Petitioner : M/s.S.Sethuiraman For Respondent : Mr.N.Tamilmani

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the petition in E.A.No.20 of 2017 in E.P.No.233 of 2017 in O.S.No.360 of 2016 from the file of I Additional Sub Judge, Madurai (Melur Camp), and transfer the same to any other competent Court.

2.When the matter is taken up for hearing today, it is submitted that the matter has been compromised between the parties and they have filed a joint compromise memo. 3.The terms mentioned in the compromise memo is extracted hereunder:

"In pursuance of the suggestion made by this Hon'ble Court, the following Joint compormise is made. 1.The petitioner in Tr.C.M.P.(MD)No.335 of 2017 shall vacate the premises within one year i.e.01.09.2018.

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2.The petitioner shall undertake to pay Rs.19,000/- (Rupees Nineteen Thousand) per month as monthly rent from the date of the expiry of the rental agreement i.e.01.02.2016.

3.Arrears of rent namely Rs.7000/- per month shall be paid on or before 01.10.2017 i.e in total Rs.7000/- x 20 months=Rs.1,40,000/-.

4.The respondent landlord shall withdraw the O.SNo.360 of 2016 and E.P.No.233 of 2017 pending on the file of the Subordinate Court, Melur after receiving the entire arrears of rent from the petitioner.

5.The respondent is at liberty to initiate legal action against the petitioner if any conditions above stated are violated by the petitioner."

4.Recording the terms mentioned in the compromise memo, this Transfer Civil Miscellaneous Petition is closed. The Joint Compromise Memo shall form part of this judgment. No costs. Consequently, connected C.M.P. (MD) No.7071 of 2017 is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar (*)COMPROMISE MEMO XROX COPY IS ENCLOSED HEREWITH To I Additional Subordinate Judge, Madurai (Melur Camp) +One cc to M/s.S.Sethuraman, Advocate, SR.No.76846 +One cc to M/s.N.Tamilmani, Advocate, SR.No.76813 rj2 RL/4C/2P/KK/SAR4/21/9/2017 TR.C.M.P(MD)No.335 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 06.09.2017