N.R.Srinivasan vs M/S.Sagar Investments
2022 Latest Caselaw 9236 Mad

                                                                  1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Dated : 29.04.2022

                                                                Coram

                                       The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                                  A.S.No.686 of 2017
                                                          and
                                            C.M.P.Nos.16127 & 16128 of 2018

                     1.N.R.Srinivasan
                     2.Sasi Srinivasan
                                                                                           ... Appellants

                                                                 Vs

                     1.M/s.Sagar Investments,
                       Represented by its Managing Partner,
                       T.Jayaraman,
                       No.69, Peters Road Royapettah,
                       Chennai – 600 014.

                     2.Muktha S.Sunder                                                   ... Respondents



                                  Appeal Suit filed under Section 96 of CPC to set aside the
                     judgment and decree dated 09.02.2017 in O.S.No.725 of 2011 on the file
                     of the IV Additional City Civil Court, Chennai.


                                       For Appellants      ..         Mr.T.N.Rajagopalan

                                       For R1              ..         Mr.P.L.Narayanan

                                       For R2              ..         Mr.V.V.Sathya
https://www.mhc.tn.gov.in/judis
                                                              2


                                                       JUDGMENT

I must place on record my deep appreciation for the efforts taken

by both Mr.T.N.Rajagopalan, learned counsel for the appellants /

defendant and Mr.P.L.Narayanan, learned counsel for the respondent /

plaintiff who have through their good offices, persuaded the appellants

and the respondent to understand that it would be prudent in their interest

that the issues in the appeal are settled amicably.

2.Accordingly, a Memorandum of Compromise has been presented

before this Court which is dated 23.04.2022. I am informed that this

appeal is one of three other appeals. The other three appeals were listed

before the Division Bench owing to the valuation of the appeal being

more than what can be adjudicated by a Single Judge. Similar

Memorandum of Compromise has been presented and recorded by the

Division Bench in the said three appeals.

3.Today, quite apart from the learned counsels, the authorized

representative of the 2nd appellant, is present. The authorized appellant is

actually a counsel practicing in this Court, Mrs.Sudharsana Sunder and I

have no reason to doubt that the compromise had been entered into with https://www.mhc.tn.gov.in/judis

concensus ad ideum by the appellants and the respondent.

4.The respondent is a partnership firm and is represented by

Ms.Sanjini Jayaraman, who is also present in Court.

5.Both the parties acknowledges the Memorandum of Compromise

and also the terms there of. The respondent herein, had acknowledged a

sum of Rs.30,00,000/- as having been paid full and final settlement of all

claims against the appellants in all the four appeals including the present

appeal.

6.In view of the Memorandum of Compromise, the appeal is

dismissed by recording the Memorandum of Compromise. The joint

Memorandum of Compromise shall form part of the decree. It is hoped

that this compromise would bring to an end the litigation between the

parties.

7.In view of the fact that the parties had thought it prudent to settle

the issues, the appellants are entitled for refund of Court fees paid in the

appeal under Section 69-A of the Tamil Nadu Court Fees and Suits

Valuation Act, 1955 and in accordance with the rules and regulations https://www.mhc.tn.gov.in/judis

governing refund.

8.The First Appeal is dismissed in terms of the joint memorandum

of compromise. No costs. Consequently, connected miscellaneous

petitions are closed.

29.04.2022

Internet:Yes/No Index:Yes/No kkn/smv

To

1.The IV Additional City Civil Court, Chennai.

2.The Section Officer, VR Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

SMV/KKN

A.S.No.686 of 2017 and C.M.P.Nos.16127 & 16128 of 2018

29.04.2022

https://www.mhc.tn.gov.in/judis