N.R.Rajagopalan vs M/S.Kwik Patch Ltd
2023 Latest Caselaw 11651 Mad

                                                                      A.S.Nos. 185 & 193 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 31.08.2023

                                                       CORAM

                              THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                             A.S. Nos.185 & 193 of 2019
                                                        and
                                           C.M.P.Nos.3797 & 4273 of 2020

                     N.R.Rajagopalan
                                                                    ... Appellant in
                                                                         both A.S.s


                                                           Vs

                     1. M/s.Kwik Patch Ltd.,
                        rep. by its Joint Managing Director
                         Shrimath R.Ratnam

                     2. M/s.Samartha Rubber Products (P) Ltd.,
                        rep. by its Managing Director

                                                                    .. Respondents in
                                                                       A.S.No.185 of 2019


                     M/s.Kwik Patch Ltd.,
                     rep. by its Joint Managing Director
                      Shrimath R.Ratnam                             .. Respondent in
                                                                       A.S.No. 193 of 2019

                     Prayer in A.S.No.185 of 2019 :- This First Appeal has been filed under

                     Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and

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                                                                       A.S.Nos. 185 & 193 of 2019

                     decree dated 18.07.2018 made in O.S.No.36 of 2009, on the file of learned

                     Principal District Judge, Puducherry.

                     Prayer in A.S.No.193 of 2019 :- This First Appeal has been filed under

                     Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and

                     decree dated 18.07.2018 made in O.S.No.23 of 2005, on the file of learned

                     Principal District Judge, Puducherry.

                                  For Appellant
                                   in both A.S.s             : Mr.A.V.Arun
                                                               Asst. by Mr.M.A.Aruneshe

                                  For Respondents
                                   in both A.S.s             : Mr.M.Suresh


                                               COMMON JUDGEMENT


                                  Today, when the matter taken up for hearing, both learned

                     counsel for appellant and respondents appeared and submitted that the

                     matter was already referred to mediation and a mediation agreement was

                     executed between parties. Accordingly, the respondents agreed to pay an

                     amount of Rs.20,00,000/- (Rupees twenty lakhs only) as full and final

                     settlement in 4 equated monthly instalments, in which first instalment

                     amount of Rs.5,00,000/- favouring N.R.Rajagopalan by way of Cheque

                     No.742389 drawn on IndusInd Bank, Nungambakkam Branch dated

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                                                                            A.S.Nos. 185 & 193 of 2019

                     28.08.2023 was handed over to the appellant, which was acknowledged by

                     him and the details of remaining instalments are extracted hereunder:-

                        Sl.         Date         Bank Name (Branch)      Cheque No.      Amount
                        No.                                                               Rs.
                           1.     28.09.2023   IndusInd          Bank,     742390        5,00,000/-
                                               Nungambakkam Branch
                           2.     28.10.2023   IndusInd          Bank,     742391        5,00,000/-
                                               Nungambakkam Branch
                           3.     28.11.2023   IndusInd          Bank,     742392        5,00,000/-
                                               Nungambakkam Branch
                     To that effect, a Mediation Agreement executed between the parties was

                     submitted before this court.

                                   3. In view of the same, these Appeal Suits are disposed of. No

                     costs. Consequently, connected Civil Miscellaneous Petitions are closed.

                     Registry is directed to refund the entire court fee paid by the appellant

                     under Tamil Nadu Court Fees Act as well as Pondicherry Court Fees Act to

                     him. The mediation agreement shall form part and parcel of the decree.



                                                                          31.08.2023
                     Index:Yes/No
                     Internet:Yes/no
                     Speaking Order/Non Speaking Order
                     rpp

                     To

                     Principal District Judge, Puducherry.


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                                     A.S.Nos. 185 & 193 of 2019




                                    T.V. THAMILSELVI, J.

rpp

A.S. Nos.185 & 193 of 2019

31.08.2023

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