Madras High Court
Mr.R.Gopalakrishnan vs M/S.Balarama Krishna Flour Mills on 7 February, 2023
C.S.(Comm.Div.)No.46 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.(Comm.Div.)No.46 of 2021
in
A.No.4010 of 2021
1. Mr.R.Gopalakrishnan
2. Mrs.G.Nithya ... Plaintiffs
Vs
1. M/s.Balarama Krishna Flour Mills
Represented by its Partner,
Mr.A.Ganesh Rajah.
2. Mr.A.Ganesh Rajah,
Partner of M/s.Balarama Krishna Flour Mills.
3. Smt.Vijita Jagadeesh,
Partner of M/s.Balarama Krishna Flour Mills.
4. M/s.Quality Roller Flour Mills Private Limited,
Represented by its Managing Director,
A.Ganesh Rajah. ... Defendants
1/8
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.46 of 2021
Prayer: This Civil Suit is filed under Order IV Rule 1 and 2 of the
Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, 1908, prayed for a Judgment and Decree:-
a) Directing the defendants to quit and deliver vacant
possession of the suit schedule mentioned property to the Plaintiffs;
b) Directing the defendants jointly and severally to pay a sum
of Rs.58,50,000/- (Rupees Fifty Eight Lakhs Fifty Thousand Only) to the
Plaintiffs towards the damages for use and occupation of the suit
schedule mentioned property for the past period from 31.01.2019 to
29.02.2020 together with interest @ 18% per annum on Rs.58,50,000/-
(Rupees Fifty Eight Lakhs Fifty Thousand Only) from the date of suit till
the date of realization;
c) Directing the defendants to pay the future damages of
Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) per month for
use and occupation of the suit schedule mentioned property from the date
of suit till vacate and hand over possession of the same to the Plaintiffs
and
d) Directing the defendants to pay the costs of the suit to the
Plaintiffs.
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C.S.(Comm.Div.)No.46 of 2021
For Plaintiffs : Mr.K.S.Ganesh Babu
For Defendants :
For D1 and D3 : Ex-parte
For D2 and D4 : M/s.Rukmani R.V.
For Mr.P.B.Ramanujam
JUDGMENT
Today when the matter is taken up for hearing, the learned
Counsel for the plaintiffs and the defendants have filed a Joint
Memorandum of Compromise recording the satisfaction of the suit claim
and the settlement of inter se dispute between the plaintiffs and the
defendants.
2. The Joint Memo of Compromise dated 06.02.2023 had been
forwarded to the Registry, in which, the Plaintiffs and the first, second
and fourth defendants have signed. It has also been signed by the learned
Counsel for the plaintiffs and the defendants. As far as the suit against
the third defendant is concerned, the plaintiffs have prayed for the
dismissal of the suit in terms of the Joint Memorandum of Compromise.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.46 of 2021
3. The terms of the Joint Memorandum of Compromise are as
follows:-
JOINT MEMORANDUM OF COMPROMISE
Pending the above suit, the Plaintiffs and the 1st and 4th
Defendant represented by the 2nd Defendant as its
Managing Partner and Managing Director respectively,
have met in the presence of their respective Counsel and
deliberated on various modes of amicable settlement
and after several rounds of negotiations and
discussions, taking into account the location of the
property, the superstructure owned by the 4th Defendant
and the plant and machinery embedded to the earth, the
parties have arrived at the following terms of
compromise.
Now this Joint Memo of Compromise, witneseth as
follows:
1. The 1st, 2nd and 4th Defendants have agreed to vacate
and hand over the suit property and also give up their
claims/rights under Section 9 of the City Tenant
Protection Act.
2. In consideration of the same, the Plaintiffs have
agreed to pay the 4th Defendant a total sum of
Rs.80,00,000/- (Rupees Eighty Lakhs Only), towards
them giving up their claims under Section 9 of the City
Tenants Protection Act, as compensation for the
building, Plant and Machinery owned by them in the
following manner:
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.46 of 2021
a) Sum of Rs.25,00,000/-(Rupees twenty five lakhs
only) on or before 15.02.2023.
b) Sum of Rs.25,00,000/-(Rupees twenty five lakhs
only) on or before 15.03.2023; and
c) Sum of Rs.30,00,000/- (Rupees thirty lakhs only) on
or before 30.04.2023 across the 4th Defendant
vacating and handing over vacant possession of the
suit property to the Plaintiffs.
3. The 2nd Defendant shall remove all the movable
assets, not being embedded to earth, belonging to the 4 th
Defendant within 30 days from the date of entering into
this Joint Memo of Compromise and on the 31 st day, the
Plaintiffs will be allowed to enter the suit property for
purposes of only removing the plant and machinery
embedded to the earth. However, the motors connected
to the machinery shall not be disconnected from the
power supply to avoid any electrical short circuit or fire
breakouts.
4. It is made clear that the permission given to the
Plaintiffs is to enter the property is only for the sale of
the plant and machineries and does not tantamount to
giving possession of the land and building given to the
Plaintiffs.
5. The Plaintiffs agree that in the event of non-
payment/failure in payment of the amounts as per the
schedule mentioned in Clause (2) above, the Plaintiffs
agree to pay the 4th Defendant, interest @ 24% p.a. on
the unpaid amount and in addition to this, the 2 nd and 4th
Defendants shall not be obligated to handover the
property to the Plaintiffs as above stated.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.46 of 2021
6. The 3rd Defendant is not proper and necessary parties
to the present suit since the 4th Defendant has taken over
the 1st Defendant Mill as early as on 01.11.1998 itself.
However, in the event of any claim being made by the 3rd
Defendant or anyone claiming under them, on the suit
property, the 2nd and 4th Defendants shall alone take
care of such claims and the Plaintiffs shall not be
saddled with any liability whatsoever. The suit may be
dismissed as against Defendants 3.
7. The 2nd and 4th Defendants have to pay and clear the
property tax, metro water and sewerage tax and
Electricity Board Charges etc., and statutory dues to the
authorities till the date of handing over the possession
of land and building of the suit schedule property.
8. The 2nd and 4th Defendants agreed to sign, execute
and register before concern Registration
Office/Department any deed, documents, etc., to confirm
the handing over of the possession of the land and
building of the suit schedule property to the Plaintiffs
and transfer of the ownership of the building in the suit
schedule property, if the Plaintiffs require and the costs
for the same shall be borne by the Plaintiffs.
9. The parties shall have no other mutual claims against
each other.
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C.S.(Comm.Div.)No.46 of 2021
4. Since both the parties have agreed to the terms of the Joint
Memorandum of Compromise, the same is recorded and accordingly this
Civil Suit is decreed. No costs. The Joint Memorandum of Compromise
shall form part of the decree. Consequently, the connected Application is
closed.
07.02.2023
Internet : Yes / No
Index : Yes / No
Speaking Order/Non-Speaking Order
rgm
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.46 of 2021
C.SARAVANAN, J.
rgm
C.S.(Comm.Div.)No.46 of 2021
in
A.No.4010 of 2021
07.02.2023
https://www.mhc.tn.gov.in/judis
