Madras High Court
S.K.Kumar vs S.Sukumar on 2 February, 2022
OSA.No.207 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
O.S.A.No.207 of 2019 and CMP.No.18772 of 2019
S.K.Kumar ... Appellant
-vs-
S.Sukumar ... Respondent
Original Side Appeal filed under Order 36 Rule I of Original Side
Rules read with Clause 15 of the Letter Patent against the judgment
and decree dated 09.04.2019 passed in A.No.2785 of 2019 in
C.S.No.248/2019 by a learned Single Judge of this Court.
For Appellant : Mr.G.RM.Palaniappan
For Respondent : Mr.S.Anil Sandeep
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
This Original Side Appeal has been filed against the judgment
and decree dated 09.04.2019 passed in A.No.2785 of 2019 in
C.S.No.248/2019 by a learned Single Judge of this Court.
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OSA.No.207 of 2019
2. The matter was listed to-day under the caption, 'for
reporting settlement'.
3. When the matter was called, learned Counsel on either
side by producing a Joint Memo of Compromise dated 01.02.2022
signed by both the parties and themselves requested this Court to
accept the same and dispose of the Appeal.
4. In this regard, it is relevant to extract the Joint Memo of
Compromise here under:
JOINT MEMO OF COMPROMISE FILED BY THE
APPELLANT AND THE RESPONDENT
The appellant and the respondent jointly submit as
follows:
1. The appellant is the defendant and the respondent
is the plaintiff in the suit in C.S.No.248 of 2019 on the file
of this Hon'ble Court. The present appeal has been filed by
the appellant/defendant as against the order dated
09.04.2019 passed in A.No.2785 of 2019 in C.S.No.248 of
2019 ordering the furnishing of security by the
appellant/defendant in the above suit. For the sake of
convenience, the statuses of the parties are arrayed herein,
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OSA.No.207 of 2019
as per their status in the suit in C.S.No.248 of 2019.
2. The plaintiff's son and the defendant's daughter
were engaged to be married, but after the betrothal
function, there were disputes amongst the bride and the
bridegroom which resulted in the calling-off the marriage.
A compromise agreement dated 13.05.2015 and an
agreement of sale dated 13.05.2015 entered into between
the plaintiff and the defendant and the terms of those
documents including the nine cheques issued by the
plaintiff to the defendant for a sum of Rs.4.25 Crores and a
sum of Rs.75,00,000/- (Rupees Seventy Five Lakhs Only)
paid by the plaintiff to the defendant at that time, had all
become the subject matters of disputes between the
plaintiff and the defendant.
3. The plaintiff had thereafter preferred a police
complaint in the matter and an F.I.R. in Crime Number 449
of 2015 had been registered on the file of the Central
Crime Branch at Chennai and is pending investigation.
4. The plaintiff had also filed a suit in O.S.No.4242
of 2015 on the file of the Hon'ble III Assistant City Civil
Court at Chennai, for declaring the said compromise
agreement dated 13.05.2015 and the agreement of sale
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OSA.No.207 of 2019
dated 13.05.2015 as null and void and for consequential
injunctions, and the said suit is pending disposal.
5. The plaintiff had filed the suit in C.S.No.248 of
2019 as against the defendant for the recovery of money of
a sum of Rs.1,24,75,000/- (Rupees One Crore Twenty Four
Lakhs and Seventy Five Thousand Only). In the said suit,
an ex-parte order had been passed in Application No.2785
of 2019 ordering to furnish security by the defendant, as
against which the present appeal has been filed by the
defendant who is the appellant herein.
6. The defendant had preferred complaints against
the plaintiff under Section 138 of the Negotiable
Instruments Act r/w.Section 420 of IPC in C.C.No.1108 of
2016, C.C.No.1109/2016 and C.C.No.1246 of 2016 on the
file of the Fast Track Court-III (Metropolitan Magistrate),
Saidapet, Chennai, in respect of the said nine cheques for
Rs.4.25 Crores, for the offence of dishonour of cheques,
which are all pending disposal.
WHEREAS after filing of the above appeal,
negotiations and discussions were held between the
plaintiff and the defendant so as to avoid litigations. After
deliberations and discussions, the parties hereto have
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OSA.No.207 of 2019
amicably settled the disputes between them and have
agreed and arrived at the following terms and conditions
governing the issues involved between them, which have
been reduced into writing:
NOW THIS MEMO OF COMPROMISE WITNESSETH AS
FOLLOWS:
1. The plaintiff hereby waives and gives up all
claims whatsoever as against the defendant including any
claim for jewels, silver articles and monies. The plaintiff
has foregone the said sum of Rs.75,00,000/- (Rupees
Seventy Five Lakhs Only) given to the defendant. Likewise,
the defendant hereby waives and gives up all claims
whatsoever as against the plaintiff including any claim for
jewels, silver articles and monies. The defendant has given
up his claim in respect of the said nine cheques for Rs.4.25
Crores issued by the plaintiff.
2. The plaintiff shall withdraw the said suit in
O.S.No.4242 of 2015 on the file of the Hon'ble III Assistant
City Civil Court at Chennai, which has been filed for
declaration and injunction, on the next possible hearing
date.
3. The plaintiff shall withdraw the said suit in
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OSA.No.207 of 2019
C.S.No.248 of 2019 on the file of this Hon'ble Court, which
has been filed for recovery of money, on the next possible
hearing date.
4. The defendant shall withdraw the complaints
filed against the plaintiff in C.C.No.1108 of 2016,
C.C.No.1109 of 2016 and C.C.No.1246 of 2016 on the file
of Hon'ble Fast Track Court-III (Metropolitan Magistrate),
Saidapet, Chennai, in respect of the said nine cheques for
Rs.4.25 Crores.
5. The plaintiff shall not proceed further with the
FIR in crime number 449 of 2015 registered on the file of
the Central Crime Branch at Chennai.
6. The plaintiff and the defendant shall co-operate
with each other for the withdrawal and culmination of all
the litigations and complaints against each other and shall
ensure the compliance of this joint memo of compromise.
7. The parties hereto agree that this Memo of
Compromise has been entered into between them, on their
own volition and in the absence of any coercion, force or
undue influence. The parties hereto agree that this Joint
Memo of Compromise shall be taken on file and shall be
recorded for passing of a decree to this effect.''
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OSA.No.207 of 2019
5. In view of the above, the plaintiff/respondent herein has
agreed to withdraw the pending suit in O.S.No.4242/2015, on the file
of the learned III Assistant Judge, City Civil Court, Chennai, seeking
declaration and injunction and also the suit in C.S.No.248/2019 on the
file of this Court seeking recovery of money, most probably, on the
next possible hearing date and the defendant/appellant herein has also
mutually agreed to withdraw the complaints preferred against the
respondent herein/plaintiff under Section 138 of the Negotiable
Instruments Act read with Section 420 of IPC in C.C.Nos.1108, 1109
and 1246/2016 on the file of the Fast Track Court No.III (Metropolitan
Magistrate), Saidapet, Chennai. Therefore, when the parties have
agreed to resolve all pending issues, the Joint Memo of Compromise
filed by them is taken on record and in terms of the said Compromise
Memo, the present Original Side Appeal stands disposed of. Needless
to mention that the Joint Memo of Compromise shall form part of the
record. No costs. Consequently, connected Miscellaneous Petition is
closed.
(T.R.J.,) (D.B.C.J.,)
02.02.2022
tsi
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OSA.No.207 of 2019
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
tsi
OSA.No.207 of 2019
02.02.2022
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OSA.No.207 of 2019
https://www.mhc.tn.gov.in/judis
