Madras High Court
M/S.Trinethra Housing Projects ... vs V.Anjanaya Prasad [Deceased on 10 July, 2023
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.(Comm.Div).No.35 of 2021
and
Tr.C.S.No.29 of 2022
and A.Nos.2680 and 3178 of 2021
[C.S.(Comm.Div).No.35 of 2021]
M/s.Trinethra Housing Projects Pvt. Ltd.,
Rep. By its Director
2/30, Railway Colony 2nd Street,
Nelson Manickam Road,
Chennai -600029 ...Plaintiff
Vs.
1.
V.Anjanaya Prasad [Deceased]
[Amended as per order dated 14.012.2022 on memo in
C.S.(Comm).No.35/2021]
2.V.Harish Prasad
3..Mrs.Parvathaneni Shalini Kumar (Since Deceased)
4.Mr. Parvathaneni Bhaskar Kumar
5.Sawan Kumar Parvathaneni ...Defendants
[3rd defendant impleaded as per order dated 28.09.2021 in A.No.3177/21]
[The 4th and 5th defendants are brought on record as LRs of the deceased
3rd defendant, as per the order in Appl.No.4469/2022 dt.27.10.2022]
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
[Tr.C.S.No.29 of 2022]
1.Mrs.V.Kamala Kumari ( Since Deceased)
2.V.Anjanaya Prasad
3.Mrs.Parvathaneni Shalini Kumar (Since Deceased)
4.V.Harish Prasad
5.Parvathaneni Bhaskar Kumar
6.Sawan Kumar Parvathaneni ...Plaintiffs
Vs.
M/s.Trinethra Housing Projects Pvt. Ltd.,
Rep. By its Director
2/30, Railway Colony 2nd Street,
Nelson Manickam Road,
Chennai -600029 ...Defendant
[Plaintiffs 2, 3 and 4 are impleaded as per order in A.No.3/2019 dated
19.01.2021]
[Plaintiffs 5 and 6 brought on record as Lrs of the deceased 3 rd plaintiff as
per the order dated 14.12.2022 in A.No.5310/2022]
PRAYER in C.S.(Comm.Div).No.35 of 2021 : Plaint is filed under Under
Order IV Rule 1 of Rules of Original Side Rules, read with Order VII,
Rule 1, C.P.C. praying for:-
a) Directing the defendants to pay sum of Rs.2,00,00,000/- towards
the principal amount and Rs.3,78,00,000/- as accrued interest totaling
Rs.5,78,00,000/- together with 18% interest per annum on the principal sum
of Rs.2,00,00,000/- from the date of the plaint till the date of realization.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
b) Directing the defendants to pay further sum of Rs.35,28,000/- paid
to the security agency from 01.01.2011 to 30.06.2021.
c) Directing the defendants to pay further sum of Rs.50,00,000/-
claimed towards mental agony, hardship and towads damages incurred by
the plaintiff due to non performance of the defendants in honouring their
commitment as per Joint Venture Agreement dated 08.12.2010.
d) Costs of the suit;
e) Pass such further orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case and thus render justice.
For Plaintiff : M/s.V.Srinivasa Babu
For Defendants : Mr.K.C.Ramamurthy [D2, D4 &. D5]
D1 and D3 [died]
PRAYER in Tr.C.S.No.29 of 2022 : Plaint is filed under Under Order VII
Rule 1 CPC and Order IV Rule 1 of Rules of the High Court, Madras
Original Side 1956, praying for:-
a) for a declaration that the Joint Venture Agreement dated
08.12.2010 entered into between the Plaintiff and the Defendant stands
terminated due to the breach committed by the Defendant in not performing
the terms of the Joint Venture Agreement dated 08.12.2010.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
b) For the costs of the Suit;
c) and for such further or other reliefs as this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case.
For Plaintiffs : Mr.K.C.Ramamurthy
For Defendant : M/s.V.Srinivasa Babu
COMMON JUDGMENT
The plaintiff [in C.S.(Comm.Div).No.35 of 2021 and Defendant in
Tr.C.S.No.29 of 2022] and the defendants 2, 4 & 5 [in
C.S.(Comm.Div).No.35 of 2021 and Plaintiffs in Tr.C.S.No.29 of 2022]
have entered into a compromise which has been reduced into writing in a
Joint Memo of Compromise dated 26.06.2023. Both the parties have
appearned in person before this Court. The Joint Memo of Compromise is
signed by the plaintiff and the defendants and also by their respective
counsels. The said Joint Memo of Compromise dated 26.06.2023 is taken
on file.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
2. Accordingly, the above Suits are decreed in terms of the Joint
Memo of Compromise dated 26.06.2023. The terms of Joint Memo of
Compromise signed by the plaintiff and the defendants shall form part and
parcel of this judgment and decree. Consequently, connected applications
are closed. No Costs.
10.07.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
shr
P.T. ASHA, J,
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.35 of 2021 & Tr.C.S.No.29 of 2022
shr
C.S.(Comm.Div).No.35 of 2021
and
Tr.C.S.No.29 of 2022
and A.Nos.2680 and 3178 of 2021
10.07.2023
https://www.mhc.tn.gov.in/judis
