Madras High Court
Latha vs India Cements Capital & Finance ... on 6 April, 2023
A.S.No.581 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE P.B. BALAJI
A.S.No.581 of 2012
and
M.P.No.1 of 2012
1.Latha
2.Geetha
3.Muthukumar ... Appellants
Vs.
1.India Cements Capital & Finance Ltd., Chennai
Represented by its Principal Officer,
R.Srinivasan,
PSK Towers,
127C, Salem Road, Namakkal.
2.N.Govindasamy ... Respondents
Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure
against the judgment and decree dated 19.01.2012 in O.S.No.20 of 2007 on
the file of the Additional District Court, Namakkal.
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A.S.No.581 of 2012
For Appellants : Mr.C.Jagadish
For R1 : Mr.S.Patrick
for M.R.Gokulakrishnan
R2 : Served (No appearance)
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
The above appeal is preferred by the defendants in the suit in
O.S.No.20 of 2007 on the file of the Additional District Court, Fast Track
Court, Namakkal, as against the decree for recovery of money based on a
mortgage.
2.During the pendency of the appeal, it appears that the appellants
have approached the 1st respondent/plaintiff for One Time Settlement and the
1st respondent/plaintiff has also agreed for One Time Settlement by receiving
a sum of Rs.40,00,000/- in full quit of the entire claim pursuant to the
judgment and decree dated 19.01.2012 in O.S.No.20 of 2007 on the file of
the Additional District Court, Namakkal.
3.Pursuant to the negotiation, a compromise memo, dated 05.04.2023,
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A.S.No.581 of 2012
signed by the appellants and the authorised representative of the 1st
respondent/plaintiff in the presence of their counsel is produced before this
Court. The respective counsel for the parties have also put their signatures.
As per the terms of compromise, the appellants have paid a sum of
Rs.20,00,000/- on 18.02.2023 by way of Demand Drafts dated 18.02.2023
drawn in favour of the 1st respondent/plaintiff. The 1st respondent has
acknowledged the receipt of the said Demand Draft. The balance amount of
Rs.20,00,000/- is also paid by way of another Demand Draft dated
20.03.2023 and the receipt of the same was also acknowledged by the 1st
respondent/plaintiff.
4.In view of the terms of compromise and the acknowledgement of
receipt of the entire sum agreed by way of One Time Settlement, the 1 st
respondent/plaintiff has no objection for return of original title deeds
pertaining to the suit property which has been mortgaged in favour of the
plaintiff. The parties have now requested before this Court to dispose of the
appeal in terms of the settlement.
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A.S.No.581 of 2012
5.The above appeal is, therefore, disposed of in terms of the settlement
as per the compromise memo dated 05.04.2023. The compromise memo
shall form part of the Court records. In view of the fact that the dispute is
settled between the parties, Registry is directed to refund the entire Court fee
paid in A.S.No.581 of 2012. No costs. Consequently, connected
miscellaneous petition is closed.
(S.S.S.R., J.) (P.B.B., J.)
06.04.2023
mkn
Internet : Yes
Index : Yes / No
To
1.The Principal District Judge,
Namakkal.
2.The Additional District Judge,
Fast Track Court,
Namakkal.
3.The Section Officer, | with a direction to return
VR Section, High Court, | the records to the Court below,
Chennai. | if any, forthwith
S.S. SUNDAR, J.
and
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A.S.No.581 of 2012
P.B. BALAJI, J.
mkn
A.S.No.581 of 2012
06.04.2023
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