Madras High Court
The Nonsuch Tea Estates Ltd vs H.S.Mehta on 20 December, 2021
SA NOS.257 & 288 OF 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2021
CORAM
THE HON'BLE MR.JUSTICE M.GOVINDARAJ
SA NOS.257 AND 288 OF 2018
AND CMP NOS.6587 AND 7559 OF 2018
SA NO.257 / 2018
1.The Nonsuch Tea Estates Ltd.,
Represented by its Director Mr.Sriram Kapur
Ritz Building, Behind Velan Ritz Hotel,
Convent Road, Coonoor - 643 101.
District Nilgiris.
2.Mr.Sriram Kapur
Director
The Nonsuch Tea Estates Ltd.,
Ritz Building, Behind Velan Ritz Hotel,
Convent Road, Coonoor - 643 101.
District Nilgiris. ... Appellants
VS.
H.S.Mehta ... Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure against the judgment and decree dated 30.11.2017 passed in
A.S.No.37 of 2017 by the Subordinate Judge, Coonoor, confirming the
judgment and decree of the District Munsif, Coonoor, dated 27.01.2017
in O.S.No.103 of 2015.
https://www.mhc.tn.gov.in/judis
SA NOS.257 & 288 OF 2018
For Appellants : M/s.B.Giridhara Rao
For Respondent : Mr.S.Annamalai
SA NO.288 / 2018
H.S.Mehta ... Appellant
VS.
1.The Nonsuch Tea Estates Ltd.,
Represented by its Director Mr.Sriram Kapur
Ritz Building, Behind Velan Ritz Hotel,
Convent Road, Coonoor - 643 101.
District Nilgiris.
2.Mr.Sriram Kapur
Director
The Nonsuch Tea Estates Limited
6th Floor, Prem Court,
Dinshaw Vachha Road, Churchgate,
Mumbai - 400 020. ... Respondents
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure against the decree and judgment dated 30.11.2017 made in
A.S.No.36 of 2017 passed by the Sub-Judge, Coonoor, reversing the
decree and judgment dated 27.01.2017 made in O.S.No.80 of 2015 on the
file of District Munsif Court, Coonoor, Nilgiris.
For Appellant : Mr.S.Annamalai
For Respondents : M/s.B.Giridhara Rao
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SA NOS.257 & 288 OF 2018
COMMON JUDGMENT
Both the parties after negotiations have arrived at a mutually
agreeable settlement and filed a Memorandum of Compromise dated
01.11.2021 duly signed, with the attestation of their respective counsels.
2.The Memorandum of Compromise dated 01.11.2021 filed
by the parties reads as under:
“ MEMORANDUM OF COMPROMISE
The parties above named state as follows:
In this Memo of Compromise the parties will be referred
to as follows:
Mr.H.S.Mehta ... Plaintiff
The Nonsuch Tea Estates Ltd., ... First Defendant
Mr.Sriram Kapur ... Second Defendant
First Defendant & Second }
Defendants collectively } ... Defendants
1.Whereas the Plaintiff was employed as Manager with
The Nonsuch Tea Estates Ltd., hereinafter referred to as
the first Defendant.
Whereas the services of the Plaintiff was terminated vide
letter dated 13.08.2015 issued by the First Defendant,
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SA NOS.257 & 288 OF 2018
whereupon the Plaintiff filed a Suit bearing
O.S.No.103/2015 on the file of the District Munsif,
Coonoor for a declaration that the termination letter
dated 13.08.2015 was illegal, void, non-est, for
reinstatement into services and for other reliefs.
Whereas the Hon'ble District Munsif by a judgment and
decree dated 27.01.2017 declared that the termination
was illegal and void but did not grant the relief of
reinstatement.
Whereas the Defendants filed an appeal before the Sub-
Court, Coonoor, bearing A.S.No.37/2017 challenging the
Judgment and Decree of the District Munsif and
whereas the Hon'ble Sub Judge by his judgment and
decree dated 30.11.2017 dismissed the appeal and
confirmed the Judgment and Decree dated 27.01.2017
passed by the Hon'ble District Munsif.
Whereas the Defendants have filed an appeal in the
Hon'ble High Court of Madras in S.A.No.257 of 2018
and the said appeal is pending in this Hon'ble Court.
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SA NOS.257 & 288 OF 2018
2.Whereas the Plaintiff also filed a suit O.S.No.80/2015
in the Court of the Hon'ble District Munsif, Coonoor, for
a permanent injunction restraining the defendant from
entering into the Suit Schedule property or evicting the
Plaintiff from suit schedule property or disturbing his
occupation or interfering with the Plaintiffs peaceful
possession of the Suit Schedule property.
Whereas the Hon'ble District Munsif, Coonoor by his
Judgment and Decree dated 27.01.2017 granted a
permanent injunction as prayed for by the Plaintiff.
Whereas the Defendants filed an appeal before the
Hon'ble Sub-Judge, Coonoor, in A.S.No.36/2017
challenging the Judgment and Decree of the District
Munsif.
Whereas the Hon'ble Sub Judge by his Judgment and
Decree dated 30.11.2017 allowed the appeal and set
aside the judgment and decree of the District Munsif.
Whereas the Plaintiff has filed a second appeal in this
Hon'ble Court in S.A.No.288/2018 and the same is
pending disposal in this Hon'ble Court.
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SA NOS.257 & 288 OF 2018
3.Whereas consequent to a Public Notice dated 26th
August 2015 issued on behalf of the First Defendant, the
plaintiff has preferred a private complaint for
defamation against (1) Mr.Sriram Kapur, Director of the
Nonsuch Tea Estates Ltd., (2) Mr.D.R.Khatau, Director
of Nonsuch Tea Estates Ltd., (3) Mr.V.M.Desai,
Advisor of The Nonsuch Tea Estates Ltd. and (4)
Mr.Veerapandi, Deputy Manager of The Nonsuch Tea
Estates Ltd. in STC No.1157 of 2016 on the file of the
Hon'ble Judicial Magistrate, Coonoor.
Whereas the accused in the said criminal case have filed a
Crl.O.P.No.24594 of 2016 to quash the criminal
complaint and the same is pending before this Hon'ble
Court.
Whereas the First Defendant has filed a criminal
complaint against the Plaintiff under Section 452 of the
Companies Act, 2013 before the Chief Judicial
Magistrate of The Nilgiris at Udhagamandalam and the
Plaintiff filed an application to discharge him from the
case, which application was dismissed against which the
Plaintiff has filed a Criminal Rev. No.69 of 2020, on the
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SA NOS.257 & 288 OF 2018
file of this Hon'ble Court and the same is pending in this
Hon'ble Court.
Whereas at the instance of well wishers both parties held
negotiations in a spirit of cooperation to resolve and
amicably settle all the matters and litigations and have
arrived at the following terms of settlement and the
parties have resolved to reduce the terms of compromise:
Now this Memorandum of Compromise witnesseth as
follows:
1.The Plaintiff accepts the termination of his
employment as Manager of the 1st Defendant and
confirms that he has ceased to be an employee of the First
Defendant with effect from 13.08.2015.
2.The original Power of Attorney dated 17th February
2000 granted to the Plaintiff by the First Defendant is
filed by the Plaintiff before the Hon'ble District Munsif
Court, Coonoor. The Plaintiff will give an affidavit at
the time of execution of Memorandum of Compromise,
stating that Power has not been used after 13th August
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SA NOS.257 & 288 OF 2018
2015. Further the Plaintiff will endorse his no objection
before Hon'ble District Munsif Court, Coonoor for return
of document.
3.The Plaintiff shall hand over possession of the Ibex
Lodge Bungalow morefully described in the Schedule on
as-is-where-is basis to the First Defendant's represented
by its authorized representative, Senior Manager,
Mr.Mohan P. Jacob. An inventory will be taken jointly
of all the items inside the bungalow on as-is-where-is
basis. Any item or property belonging to the Plaintiff can
be taken by him on an as-is-where-is basis after proper
identification.
4.Mrs.Anjali Mehta, wife of the Plaintiff has her
personal belongings viz., clothes, carpet, two rosewood
deck chairs, paintings & pictures, blankets, bed sheets
and a teak wood chair lying in Ritz Cottage - Coonoor
which is the property of the 2nd Defendant. All these
belongings if available will be handed over to her by the
Senior Manager, Mr.Mohan P.Jacob on an as-is-how-it-
is basis.
5.(a) The First Defendant agrees and undertakes to pay
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SA NOS.257 & 288 OF 2018
the Plaintiff a sum of Rs.30,00,000/- (Rupees Thirty
Lakhs only) in full and final settlement of all his claims,
past, present and future against the Defendants and its
Directors, their employees or advisors or associates in
their personal and official capacity and for shares in the
First Defendant held by the Plaintiff and / or his wife.
(b)The above sum of Rs.30,00,000/- comprises as follows:
(i)Rs.28,50,000/- towards Plaintiffs claim whether
statutory, contractual or arising out of his employment
and / or termination of his employment including
Gratuity, Provident Fund, Reimbursement of expenses,
or any other item etc.
(ii)Rs.1,50,000/- towards transfer of shares as set out in
clause (6)(b) below.
(iii)The above payment shall be paid in full and without
deduction of tax. The payment of tax if any, will be made
by the Plaintiff.
6.The above payment of Rs.30,00,000/- shall be paid in
the manner following:
(a) A sum of Rs.28,50,000/- shall be paid by D.D.
simultaneous with the execution of this Memorandum of
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SA NOS.257 & 288 OF 2018
Compromise and handing over of vacant possession of the
Ibex Lodge Bungalow as per clause (3) above.
(b)The balance sum of Rs.1,50,000/- shall be paid by
D.D. (Rs.256.85 per share) upon the Plaintiff and his
wife dematting the 584 shares in the First Defendant
and arranging to transfer the 584 shares to Mr.Sriram
Kapur or his nominee.
7.The Plaintiff shall return -
(i) keys of safe, cabinets and desks.
(ii) laptop and mobile phone.
(iii) files, records and soft copy of data to the extent
available. In case the same is not available with the
Plaintiff, he will give a letter to that effect.
8.The First Defendant shall return - if available in their
office.
(i) one Olive make mobile phone
(ii) two Mont Blanc ball pens that were lying on the
Manager's desk.
9.Upon the execution of this Memorandum of
Compromise, the Parties undertake to withdraw all cases,
complaints, suits, petitions, appeals etc. which have been
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SA NOS.257 & 288 OF 2018
filed against each other, whether before the High Court
of Madras or before any other judicial or quasi - judicial
authority.
10.The parties agree that this Hon'ble Court may pass a
Compromise Decree in terms of this Memo of Compromise
and (a) the judgment and decree passed by the Hon'ble
District Munsif and Sub Judge in O.S.No.80 of 2015
and reversed by the Hon'ble District Judge in A.S.No.36
of 2017 and (b) the judgment and decree passed by the
Hon'ble Distrct Munsif in O.S.No.103 of 2015 and
confirmed by the Hon'ble Sub Judge in A.S.No.37 of
2017 shall stand substituted by this Compromise Decree
and the parties shall be bound by this Compromise decree
only.
11.Both parties confirm that all their claims against each
other have been fully and finally settled and that they
have no further or other claims of whatsoever nature
against the other including the Directors, Employees or
Advisors in their personal or official capacity.
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SA NOS.257 & 288 OF 2018
12.The Plaintiff agrees to cooperate on all other matters
not specifically mentioned herein that may be pending or
arise in future whether related to the Defendants and /
or its Associate entities during the course of his
employment.
13.Each party will bear their own cost.
14.The Memo of Compromise will form part of the
Compromise Decree.
The parties therefore pray that this Hon'ble Court may be
pleased to record the Memo of Compromise and pass a
Compromise Decree in terms of this Memo of Compromise
in the above two Second Appeals and pass such further
or other orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case.
Dated at Coonoor on this 1st day of November 2021."
3.The Memorandum of Compromise dated 01.11.2021 is
taken on file and the same shall form part of the decree and a
Compromise Decree is passed in terms of Memorandum of Compromise
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SA NOS.257 & 288 OF 2018
dated 01.11.2021. Both the Second Appeals are disposed of accordingly.
No costs. Consequently, connected miscellaneous petitions are closed.
4.Registry is directed to draft a decree in terms of the
Memorandum of Compromise dated 01.11.2021.
20.12.2021
Index : Yes/No
Internet : Yes/No
TK
To
1.The Subordinate Judge
Coonoor.
2.The District Munsif Court
Coonoor,
Nilgiris.
https://www.mhc.tn.gov.in/judis
SA NOS.257 & 288 OF 2018
M.GOVINDARAJ, J.
TK
SA NOS.257 & 288 OF 2018
20.12.2021
https://www.mhc.tn.gov.in/judis
