Madras High Court
M/S.Drasis Software Solutions ... vs Mrs.Nilofer on 23 November, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :23.11.2021
Coram:
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
Civil Suit No.714 of 2019
(Comm.Suit)
M/s.Drasis Software Solutions Private Limited
Rep.by ts Director M.B.Abdul Aziz
Having its registered office at embassy towers
55/8 Montieth Road
Egmore 600 008. .. Plaintiff
/versus/
Mrs.Nilofer
W/o.Mr.Suhai basha
No.3/5, 8th Cross Lakshmi Road
Shanthi Nagar
Bangalore 560027. ..Defendant
Prayer: Civil Suit has been filed under Order VII Rule 1 C.P.C. Read
with Order IV Rule 1 of O.S.Rules & Provision 1 to Section 7 of
Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts Act, 2015, praying to grant judgment and the
decree in favour of the plaintiff:
1/7
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(A) Directing the defendant to pay the plaintiff a sum of
Rs.21,20,000/- [Rupees Twenty one lakh Twenty thousand only] being
the expenses incurred on developing the infrastructure for the
business and advance amount along with interest at the rate of 24%
per annum till the date of realization.
(B) Directing the defendant to pay 1,00,44,514/- [One Crore
Forty Four Thoudand Five Hundred and fourteen only] as compensation
for the loss of good will of the company and the mental agony caused
due to sudden closure of business.
(C)Order cost of the suit.
(D)Grant decree.
For Plaintiff :Mr.C.Sangamithirai
For Defendants : Mr.Mohammed Fazaz Ali
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JUDGMENT
This suit was filed seeking for the relief of damages and other
consequential relief's
2.When the case was pending, taking into consideration the
nature of grievance that was expressed by the plaintiff, this Court
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directed both the parties to be present in order to attempt for a
settlement between the parties. Both the parties came before this
Court on 18.11.2021. This Court spoke with both the parties and
suggested a settlement. The matter was thereafter posted for hearing
on 22.11.2021.
3.When the matter was again taken up for hearing on
22.11.2021, this Court once again implored both the parties to settle
the dispute amicably. Both the parties after some deliberations,
agreed to settle the dispute and sought for sometime to file a memo
of compromise before this Court.
4.When the matter was taken up for hearing today, the memo of
compromise was filed and the same has been signed by both the
parties and their respective counsel. The terms of the memo of
compromise are extracted hereunder:
1.The Defendant pays to the Plaintiff a sum of
Rs.10,00,000/- [Rupees Ten Lakhs Only] by way of
demand drafts both favouring the Plaintiff 'Drasis
Software Solutions (P) Ltd' as follows.
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a.D.D dated 20.11.2021 for a sum of Rs.5,00,000/-
[Rupees Five Lakhs Only] drawn on HDFC Bank bearing
No.”004242”.
b.DD dated 22.11.2021 for a sum of Rs.5,00,000/-
[Rupees Five lakhs Only] drawn on HDFC Bank bearing
No.'017270'.
2.The Plaintiff hereby accepts the aforesaid
Demand Drafts as full and final settlement towards all
disputes pertaining the present suit and agrees for
withdrawal of the suit forthwith in terms of the
memorandum of compromise.
3.That the Plaintiff and the Defendant do not
have any claims whatsoever as against each other and
shall not initiate claim against each other in future in
respect to the dispute pertaining the present suit.
4.That the Plaintiff hereby agrees to withdraw CC
No.28 of 2021 pending on the file of II Metropolitan
Magistrate, Egmore filed as against the Defendant on
the next hearing date i.e., on 17.12.2021.
5.The Plaintiff has handed over the keys of the
leased premises to the Defendant and the Defendant
acknowledges receipt of the same.
6.The Plaintiff has already vacated the leased
propery and it does not have any articles or belongings
at the leased premises.
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7.The Plaintiff shall withdraw the security deposit
of Rs.20,00,000/- [Rupees Twenty Lakhs Only] deposited
in the account of the present suit.
8.The present memorandum shall be submitted in
Court and a Decree on compromise shall be recorded.
5.The Demand Draft for a sum of Rs.10,00,000/- [Rupees Ten
Lakhs only] was handed over by the defendant to the plaintiff. It is
also seen from the memo of compromise that the plaintiff has already
handed over the keys of the premises to the defendant.
6.During the pendency of the suit, the defendant had deposited
a sum of Rs.20,00,000/- [Rupees Twenty Lakhs Only], which was the
security deposit that was paid by the plaintiff to the defendant when
the premises was leased out. On such deposit, the same has been
transferred to the Nationalised Bank in the name of the Registrar
General. In view of the compromise between the parties, the plaintiff
will be permitted to withdraw the amount from the fixed deposit along
with accrued interest. The plaintiff need not be driven back to this
Court for withdrawing this amount by filing any formal application.
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This judgment is enough for the plaintiff to withdraw the fixed deposit
along with accrued interest. By virtue of the withdrawal of the suit in
terms of the Memorandum of Compromise, the plaintiff will be entitled
for the refund of the entire court fees that was paid at the time of
instituting the suit. The learned counsel for the plaintiff shall take
appropriate steps to get the court fees refunded in the name of the
plaintiff.
7.In view of the above, the suit is decreed in terms of the
Memorandum of Comprise and the Memorandum of Compromise shall
form part of the decree. Considering the facts and circumstances of
the case, there shall be no order as to costs.
23.11.2021
KP
Internet: Yes
Index : Yes/No
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH,J.
KP
Civil Suit No.714 of 2019
(Comm.Suit)
23.11.2021
https://www.mhc.tn.gov.in/judis
