Madras High Court
R. Jayakumar vs R. Amruthakumari on 9 August, 2021
SA No.1217 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
SA No.1217 of 2006
and
MP No.2 of 2006
R. Jayakumar ... Appellant
versus
M/s.Chithirala Finance Corporation
a Firm represented by its partners
1. R. Amruthakumari
2. Dr.Snehalatha Sudarshan
3. C. Ramesh ... Respondents
Second Appeal filed under Section 100 of Civil Procedure Code
against the judgment and decree made in A.S. No.108 of 2004 by the I
Additional City Civil Judge, Chennai dated 16.11.2004 confirming the
judgment and decree made in O.S. No.610 of 1998, dated 23.06.2003 by
the learned XI Assistant Judge, City Civil Court, Chennai.
For Appellant : Mr.K.Chandrasekaran
For Respondents : Mr.M.Devendran
for R1 & R2
Not ready in notice reg. R3
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SA No.1217 of 2006
JUDGMENT
(Heard Video Conference)
Parties to the Second Appeal have filed a Joint Memorandum of
Compromise, dated 27.07.2021. All the parties have signed this Joint
Memorandum of Compromise and the respective counsels have also
signed the same. The same is recorded by this Court.
2. The said Joint Compromise Memo reads as follows:
1. The following terms of compromise is entered into
between the parties
a. The Appellant /Plaintiff is deemed to have retired as on
9.12.1997.
b. The Appellant / Plaintiff shall not be fastened with any
liability in whatsoever manner with any loss which the firm may
sustain in or has sustained since inception or with any claim by
any third party and /or depositor or by any other Respondents /
Defendants of the firm. In the event of the retiring partner viz.,
the Plaintiff is fastened with any kind of liability and put to loss
or damage by any claim made by any third party whether arising
out of any deposit (both Principal and interest) with the firm
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SA No.1217 of 2006
made by such third party or claim arising out of whatsoever
nature the Respondents / Defendants shall indemnify the
Plaintiff against any such loss or damage.
c. It is agreed between the parties that the Appellant /
Plaintiff shall not be liable for any loss if any sustained by the
firm so far or which may come to light or surface in future and
the Defendants alone shall be responsible. The Defendants will
also be responsible for return of the deposits (both Principal and
interest).
d. The Appellant /Plaintiff shall not be fastened with any
statutory liability due by the Firm either in the past or in the
present or in the future either by Income Tax Department or any
other Department whatsoever.
e. There are deposits in the firm made by the wife and son
of the Appellant / Plaintiff. Appellant /Plaintiff assures that they
will not make any claim for refund of the same nor initiate any
kind of proceedings. In case they claim refund of the same or
initiate any kind of proceedings the Appellant / Plaintiff alone
shall be liable and other Respondents / Defendants shall not be
liable for any such action if taken by them.
f. It is hereby agreed that there will be no claims / cross
claims against the partners of the firm that is the Appellant and
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SA No.1217 of 2006
the Respondents. Once this Memorandum of Compromise is
signed and Decree obtained, all claims against one another will
be extinguished forever so far as the firm Chithirala Finance
Corporation is concerned.
g. It is mutually agreed between the Plaintiff and
Defendants that they will request the Honourable Court through
their respective counsel to grant permission to dispense with the
physical presence of the parties in person before the Honourable
High Court due to Covid 19 pandemic.
h. The Appellant / Plaintiff shall issue a paper publication
about his retirement from the firm.
i. It is mutually agreed between the Plaintiff and
Defendants that once this Memorandum of Compromise is duly
signed by all the parties and a decree obtained all the financial
records, account books etc. pertaining to the business of the firm
shall continue to remain with the Defendants as before.
j. Parties to bear their own cost through out.
k. This Memorandum of compromise is prepared in
triplicate and after it is duly signed by all the parties, one copy
will be kept by the Appellant and the second copy will be kept by
the Respondents. The third copy shall be filed into court after
having been signed by the parties, their witnesses and their
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SA No.1217 of 2006
respective advocates for the purpose of obtaining a decree in S.A.
1217 of 2006 on the file of Hon'ble High Court of Madras.
3. In terms of the Memorandum of Compromise, dated 27.07.2021,
which shall form part of the order, this Second Appeal is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
09.08.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1. The I Additional City Civil Judge, Chennai.
2. The XI Assistant Judge, City Civil Court, Chennai.
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SA No.1217 of 2006
ABDUL QUDDHOSE, J.
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SA No.1217 of 2006
09.08.2021
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