M/S.Sri Ramdev Constructions ... vs P.Vagthavarmal Pandya ...
2022 Latest Caselaw 11346 Mad

                                                                                   C.S.No.43 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              Dated : 28.06.2022

                                        CORAM : JUSTICE N.SESHASAYEE


                                                  C.S.No.43 of 2014
                     M/s.Sri Ramdev Constructions Private Limited
                     Represented by its director Mr.Deepak Kumr D.Jain,
                     No.14, Ekambareshwar Agraharam,
                     Chennai – 600 003                                       ... Plaintiff
                                                         Vs.
                     1.P.Vagthavarmal Pandya (Deceased)
                     Carrying on business under the name
                     and style of M/s.Tejpal and Company

                     2. Kamala Devi (Deceased)
                     Carrying on business under the name
                     and style of M/s.Kumarpal & Co
                     No.109, Nyniappa Naicken Street,
                     Chennai – 600 003.

                     3. Madhuban Sanghvi
                     4. Jaya Sree Sanghvi
                     5. Joshua Ben C.Shah
                     6. Sripal Pandia                                        ... Defendants

                     (Defendants 3 to 6 are impleaded as legal heirs of the deceased defendants 1
                     and 2 as per order dated 14.10.2020 in A.No.2296 of 2020)


                     PRAYER:- Company Suit is filed under Order VII Rule 1 of O.S. Rules r/w
                     or. VII Rule 1 C.P.C to pass a judgment and decree against the defendants
                     3,4, 5 and 6 directing them jointly and severally to pay a sum of
                     Rs.1,18,58,000/- (One Crore Eighteen Lakhs and Fifty Eight Thousand


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https://www.mhc.tn.gov.in/judis
                                                                                     C.S.No.43 of 2014

                     Only) together with interest at the rate of 18% per annum on the principal
                     sum of Rs.78,58,000/- (Rupees Seventy Eight Lakhs and Fifty Eight
                     Thousand Only) from the date of plaint to date of payment as full and costs
                     of the suit from the estate of the deceased defendants 1 and 2 and succeeded
                     by them and lying in their hands (Amended as per order dated 14.10.2020 in
                     A.No.2296 of 2020).
                                  For Plaintiff         : Mr.R.Raveendran
                                  For Defendants        : Mr.R.Thangan


                                                  JUDGMENT

The plaintiff is an agreement holder for purchase of certain property and he

has laid the suit for return of advance money and also for damages for

breach of contract by the defendants.

2. A joint memo of compromise is now filed before this Court, whereby the

parties agreed to resolve the dispute.

3. This Court heard the parties and is satisfied with the legality of the memo.

Accordingly, the suit is decreed in terms of the compromise memo filed.

The decree shall be passed in terms of the memo. No costs.

28.06.2022 Index : Yes/No

https://www.mhc.tn.gov.in/judis C.S.No.43 of 2014

Internet: Yes/No CM

To:

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

https://www.mhc.tn.gov.in/judis C.S.No.43 of 2014

N.SESHASAYEE. J.,

CM

C.S.No.43 of 2014

28.06.2022

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