Madras High Court
Mr.A.C.Raju vs / on 5 March, 2021
C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.36 of 2020
and O.A.Nos.68, 69 of 2020
and A.No.419 of 2020
Sri Dhanalakshmi Ammal Trust,
Rep. by its Trustees,
1.Mr.A.C.Raju
2.Mrs.C.Prema Raju
3.Ms.C.R.Gayathri
4.Mr.C.Prakaash Kumar
5.Mr.C.Haribabu
All having Office at No.24, Landons Road
(Ground Floor), Kilpauk, Chennai 600 010. ... Plaintiffs
..Vs..
M/s.Vallimuthu Educational Trust
Rep. by its Trustee and Chief Executive Officer,
Mr.M.V.M.Velmurugan,
having its registered Office at
Nambikai, 21-A, Arudra Street, T.S.Krishna Nagar,
Mogappair, Chennai 600 037.
and also having office at
Vallimuthu Illam
Plot No.1106, 17th Street,
West End Colony,
Anna Nagar Extn.,
Chennai 600 050. ...
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
Defendants
PRAYER : Plaint filed under and Order VII Rule 1 of CPC read with
Order IV Rule 1 of Original Side Rules, prayed for a Judgment and Decree:-
(a) Directing the defendant to pay the plaintiff a sum of
Rs.2,98,26,847/- (Rupees Two Crore Ninety Eight Lakhs Twenty Six
Thousands Eight Hundred and Forty Seven only) (which includes the Share
amount of Rs.2,60,87,748/- (Rupees Two Crores Sixty Lakhs Eighty Seven
Thousand Seven Hundred and Forty Eight only) and interest thereon till the
date of the plaint) together with interest @ 9% per annum on from the date
of the plaint till the date of full payment in consonance with Memorandums
of Understanding dated 14.06.2016 and 30.06.2017.
(b) Grant permanent injunction restraining the Defendant, their
men, servants or agents or anyone claiming under them from in any manner
administering and running of the School under the name and style of
Vellammal Vidhyashram in schedule property and from interfering with the
plaintiff's right to run and administer the said institutions by itself.
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
(c) For costs of this Suit.
For Plaintiffs : Ms.AL.Ganthimathi
For Defendants : M/s.Raja Senthoor Pandian
*******
JUDGMENT
The Memorandum of Compromise dated 04.03.2021 had been
presented in Court. This Memorandum of Compromise had been signed by
the five plaintiffs who are Trustees of Sri Dhanalakshmi Ammal Trust and
also by the learned counsel for the plaintiffs and also by the Trustee of the
defendants Vallimuthu Educational Trust and also by the learned counsel for
the defendants.
2. The Memorandum of Compromise is as follows:
"The plaintiffs and the Defendant have
amicably resolved to settle the dispute in the following
terms:
1. After adjusting all the payments made as upto
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
04.03.2021 by the Defendant to the Plaintiffs, subsequent
to filing of the suit, the balance amount which has become
due and payable is Rs.1,39,22,404/- (Rupees One Crore
Thirty Nine Lakhs Twenty Two Thousands Four Hundred
and Four only) for the period upto 3rd Quarter of
Academic Year 2020 - 2021 by the Defendant to the
Plaintiffs, as per the Statement of Account dated
04.03.2021 attached hereto, towards the Share of
Revenue payable to the Plaintiffs from and out of the total
fees collected from the students by the Defendant.
2. Further, the Defendant undertakes to pay the
above balance due of the Share of Revenue Amounting to
Rs.1,39,22,404/- (Rupees One Crore Thirty Nine Lakhs
Twenty Two Thousands Four Hundred and Four only) to
the Plaintiffs on or before 28.03.2021, in the following
manner, towards full discharge of the above liability for
the period upto 3rd Quarter of Academic Year 2020 -
2021, failing which the interest @ 18% per annum shall
be paid to the Plaintiffs by the Defendant for the delayed
period.
(i) On or before 07.03.2021 Rs.40,00,000/-
(ii) On or before 14.03.2021 Rs.40,00,000/-
(iii) On or before 21.03.2021 Rs.25,00,000/-
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
(i) On or before 07.03.2021 Rs.40,00,000/-
(iv) On or before 28.03.2021 Rs.34,22,404/-
Total Rs.1,39,22,404/-
3. The Defendant undertakes to pay the Share
of Revenue due and payable to the Plaintiffs for the
period from 01.03.2021 to 31.08.2021 on a pro rata
monthly basis (@ Rs.28,70,000/- per month for the period
from 01.03.2021 to 31.05.2021 and @ Rs.30,13,440/- per
month for the period from 01.06.2021 to 31.08.2021),
which is derived from the amount payable for quarterly.
However, the Share of Revenue due and payable to the
Plaintiffs for the period from 01.09.2021 to 31.03.2022 @
Rs.30,13,440/- per month, shall be defrayed / adjusted by
the Defendant towards the Refundable Interest free
Security Deposit amount of Rs.3,90,00,000/- (Rupees
Three Crores and Ninety Lakhs only) available with the
Plaintiffs.
4. The Plaintiffs undertakes that they shall
refund the balance amount of Interest free Security
Deposit (after defraying / adjustment of their Share of
Revenue payable by the Defendant for the period from
01.09.2021 to 31.03.2022, towards Interest free Security
Deposit), at the time of quitting from the managing,
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
operating and running the School i.e. on 31.03.2022.
5. The Defendant undertakes that by the end of
31st March, 2022, the Defendant shall cease to have any
right or interest of any nature in managing, operating
and or running the School of the Plaintiffs situate at
Nellikuppam Road, Kayarambedu Village and the
Defendant shall under no circumstances continue to have
any right or interest whatsoever in managing, operating
and or running the school of the Plaintiffs at the above
address after 31st March 2022, which is the subject
matter of this Memorandum of Compromise.
6. The Defendant hereby undertakes to stop all
their activities of managing, operating and or running the
School in the name of Velammal Vidhyashram and quit
the Plaintiffs School premises at Nellikuppam Road,
Kayarambedu Village, on 31st March, 2022, without any
further notice and also without causing any damage to
the School premises / building of the Plaintiffs.
7. The Plaintiffs viz., Sri Dhanalakshmi Ammal
Trust shall be at liberty to run, operate and manage the
School in their premises situate at Nellikuppam Road,
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
Kayarambedu Village, as they deem fit.
8. The Plaintiffs undertakes that after exit of
Vallimuthu Educational Trust from managing, operating
and or running the School in the name of "Velammal
Vidhyashram" on 31st March, 2022 from the Plaintiffs
School premises, the Plaintiffs shall not use the name of
"Velammal" or any other name similar or in resemblance
to the Logo or symbol of "Velammal" for the purpose of
running the School or any other Educational Institutions
by the Plaintiffs or their Franchise Partners at the above
address.
9. The Defendant undertakes to immediately
share the User ID and Password that is relatable CBSE
affiliation granted in favour of Sri Dhanalakshmi Ammal
Trust for the School "Velammal Vidhyashram" for the use
of the Plaintiffs and the Defendant shall not alter the
same in future without the permission of the Plaintiffs.
The Plaintiffs undertakes not to alter the same till
31.03.2020.
10. The Defendant undertakes that the
affiliation granted by the CBSE in the name of "Sri
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
Dhanalskshmi Ammal Trust" shall remain with the
Plaintiffs even after the Defendant quitting the services
rendered to the Plaintiffs.
11. The parties hereby agree that the Defendant
shall remove all the furnitures and fixtures that belong to
it on or before 31.03.2022.
12. It is agreed between the parties that the
School Building of the Plaintiffs shall be jointly inspected
and the damages, if any, shall be assessed between
21.03.2022 and 25.03.2022, so as to enable to assess the
cost and agree upon any loss or damage that may be
caused by the Defendant and that the Plaintiffs shall
refund the balance amount of interest free Security
Deposit to the Defendant, after defraying cost of
damages, on 31.03.2022.
13. Both the parties to this compromise shall
nto engage in any acts or deeds to tarnish the image of
the other, post compromise and shall endeavor to
peacefully execute this compromise.
14. The Plaintiffs and the Defendant agree that
till 31st March, 2022, both the Parties shall abide by all
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
other terms and conditions contained in the said
Memorandums of Understanding dated 14.06.2016 and
30.06.2017 except to the extent modified in this
Memorandum of Compromise.
15. Both the parties have agreed to bear their
respective costs.
For the reasons stated above, it is prayed that
this Hon'ble Court may be pleased to record this
Memorandum of Compromise and decree the suit in terms
of the Memorandum of Compromise and pass such
further or other Orders as this Hon'ble Court, may deem
fit and proper in the circumstances of the case and thus
render justice.
Dated at Chennai on this the 4th day of March,
2021."
3. Along with the Memorandum of Compromise, a Statement of
Accounts has also been annexed.
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C.S.No.36 of 2020, O.A.Nos.68, 69 of 2020, A.No.419 of 2020
C.V.KARTHIKEYAN, J
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4. In view of the same, suit is decreed in terms of the
Memorandum of Compromise. No order as to costs. Connected applications
are closed. The Memorandum of Compromise and the Statement of
Accounts annexed thereto shall form part of the decree.
05.03.2021
Index : Yes / No
Web : Yes / No
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C.S.No.36 of 2020
and O.A.Nos.68, 69 of 2020
and A.No.419 of 2020
http://www.judis.nic.in
