Madras High Court
M/S.Elsaa Gas Services Pvt. Ltd vs M/S.Hotel Saravana Bhavan on 6 December, 2021
C.S.(Comm.Div.)3 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :06.12.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Suit (Comm.Div.) No.3 of 2021
and
A.No.2134 of 2021
M/s.Elsaa Gas Services Pvt. Ltd.,
(Formerly known as Elsaa Methane Services Pvt. Ltd.,)
rep by its Managing Director, Mr.L.Arunachalam,
No.6, 2nd Street, Arunachalapuram, Adyar,
Chennai-600 020. .. Plaintiff
/versus/
1. M/s.Hotel Saravana Bhavan,
a Partnership Firm,
rep. by its Managing Partner, Mr.R.Saravanan,
19, Vadapalani Andavar Koil Street, Vadapalani,
Chennai 600 026.
2. Mr.R.Shivakumar,
Son of Late. Mr.P.Rajagopal,
Partner, Hotel Saravana Bhavan,
19, Vadapalani Andavar Koil Street, Vadapalani,
Chennai-600 026.
3. Mr.R.Saravanan,
Son of Late. Mr.P.Rajagopal,
Partner, Hotel Saravana Bhavan,
19, Vadapalani Andavar Koil Street, Vadapalani,
Chennai-600 026.
1/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)3 of 2021
4. Mrs.R.Valli Ammal,
Wife of Late. Mr.P.Rajagopal,
Partner, Hotel Saravana Bhavan,
19, Vadapalani Andavar Koil Street, Vadapalani,
Chennai-600 026. ..Defendants
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the C.P.C.
Read with Sections 7 of the Commercial Courts Actand Order IV, Rule 1
of the Original Side Rules, praying to pass a judgment and decree for:-
(a) directing the defendants to jointly, severally and co-extensively
pay the plaintiff a sum of Rs.2,85,23,674.15 (Rupees Two Crores Eighty
Five Lakhs Twenty Three Thousand Six Hundred and Seventy Four and
Fifteen Paise Only) together with further interest at 12.5% per annum
from the date of plaint till date of realisation;
(b) Directing the defendants to pay the plaintiff the costs of the
Suit;
(c) And pass such further or other reliefs as this Hon'ble Court may
deem fit and necessary in the circumstances of the case and thereby
render justice.
For Plaintiffs :Mr.M.Yokesh
For Defendant :Mr.R.Harishankar
------
JUDGMENT
The suit was filed for recovery of money against the defendants.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)3 of 2021
During the pendency of this suit, the plaintiff and defendants 1, 3 and 4
entered into a Memorandum of Compromise and the same was taken on
file by this Court by order dated 29.07.2021 and this Court adjourned the
case to ensure that the defendants pay the entire amount as agreed in the
Memorandum of Compromise.
2. When the suit came up for hearing on 17.11.2021, this Court
directed the defendants to pay the defaulted amount of Rs.12,00,000/-
(Rupees Twelve Lakhs Only) along with the final instalment of
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) on 22.11.2021 and report
before this Court.
3. When the matter was taken up for hearing today, the learned
counsel appearing on either side submitted that the entire amount has
been settled by the defendants and thereby the terms of Memorandum of
Compromise has been complied with by the defendants. The learned
counsel therefore, requested for the disposal of the suit in terms of
Memorandum of Compromise.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)3 of 2021
4. In view of the above development, the Civil Suit is decreed in
terms of Memorandum of Compromise and the Memorandum of
Compromise shall form part of the decree. Since the matter has been
settled out of Court even before the stage of framing of issues, this Court
is inclined to permit the plaintiff for the refund of the entire Court fees
that was paid at the time of filing of the suit. It is left open to the learned
counsel for the plaintiff to file appropriate application in this regard.
Consequently, connected applications are closed, if any.
06.12.2021
Index:yes/no
nsa/rka
List of Witness examined on the side of the Plaintiffs:-
Mr.R.Prasanna Raghavan ----- PW.1
List of Witness examined on the side of the Defendant :-
-----
List of the Exhibits marked on the side of the Plaintiff:-
Sl. Dated Description of documents Nature & Party
Nos.
1. 18.02.2014 Letter by 1st Defendant Xerox Copy
addressed to SHV LPG
2. 27.12.2016 Letter by Plaintiff to the 3rd Xerox Copy
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)3 of 2021
Sl. Dated Description of documents Nature & Party
Nos.
Defendant
3. 22.05.2017 Letter by Plaintiff to the 3rd Xerox Copy
Defendant
4. 19.10.2017 Letter by Plaintiff to the 3rd Xerox Copy
Defendant
5. 23.10.2017 E-mail by 1st Defendant to the True Printout
plaintiff
6. 14.07.2020 E-mail by Auditor of 1st True Printout
defendant to the plaintiff
7. 19.07.2020 Reply Email by plaintiff to Email True Printout
dated 14.07.2020
8. - Statement of Calculations Xerox Copy
maintained by plaintiff in respect
of 1st defendant for the period
01.04.2016 to 05.04.2021
9. - Leger account maintained by Xerox Copy
Plaintiff showing the bank
interest paid
10. - Trade Receivables shown by Xerox Copy
plaintiff in the signed financial
statements for the year 2019-
11. - Cheques issued by 1st Defendant Xerox Copy
in favour of
plaintiff(Dishonoured for
insufficiency of funds-39 Nos)
12. 22.03.2021 Email sent by the plaintiff to the True Printout
defendant
13. 26.04.2021 Board resolution of the plaintiff Office Copy
List of the Exhibits marked on the side of the Defendants:-
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)3 of 2021
N.ANAND VENKATESH. J.,
nsa/rka
C.S.(Comm.Div.)No.3 of 2021
and
A.No.2134 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
