Madras High Court
R.Deepak vs V.Pramod on 30 June, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.06.2023
CORAM:
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
C.S.Nos.434 & 438 of 2018
& 365 & 483 of 2019
C.S.No.434 of 2018
R.Deepak ...Plaintiff
Vs.
V.Pramod ...Defendant
Prayer : Civil Suit filed under Order VII Rule 1 of Original Side Rules summary
suit filed under Order XXXVII Rule 2 of CPC, prayed this Court to pass a
Judgment and Decree against the defendant to:
(a) Direct the defendant to pay a sum of Rs.2,37,22,180/- (Rupees Two
Crores Thirty Seven Lakhs Twenty Two Thousand One Hundred and Eighty only)
and 9% interest on principal amount of Rs.2,04,92,300/- (Rupees Two Crores
Four Lakhs Ninety Two Thousand and Three Hundred only) from the date of
filing of plaint and till realization of the suit.
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(b) pass such other relief or reliefs as may be deemed fit and proper in the
circumstances of the case and
(c) bear costs of the suit and thus render justice.
C.S.No.438 of 2018
R.Deepak ...Plaintiff
Vs.
V.Vishal ...Defendant
Prayer: Civil Suit filed under Order VII Rule 1 of Original Side Rules summary
suit filed under Order XXXVII Rule 2 of CPC, prayed this Court to pass a
Judgment and Decree against the defendant to:
(a) Direct the defendant to pay a sum of Rs.2,59,58,219/- (Rupees two
crores fifty nine lakhs fifty eight thousands two hundred and nineteen only) and
9% interest on principal amount of Rs.2,25,00,000/- (Rupees two crores and
twenty five lakhs only) from the date of filing of plaint and till realization of the
suit.
(b) pass such other relief or reliefs as may be deemed fit and proper in the
circumstances of the case and
(c) bear costs of the suit and thus render justice.
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C.S.No.365 of 2019
R.Deepak ...Plaintiff
Vs.
Mrs.V.Saroja ...Defendant
Prayer: Civil Suit filed under Order VII Rule 1 of CPC Read with Order IV
Rule 1 and 2 of O.S.Rules, prayed this Court to pass a Judgment and Decree
against the defendant to:
(a) Direct the defendant to pay a sum of Rs.2,07,80,730/- (Rupees Two
Crores Seven Lakhs Eighty Thousand Seven Hundred and Thirty only) consisting
of principal amount of Rs.1,65,00,000/- together with interest of Rs.42,80,730/- @
9% interest per annum and further interest @ 9% for Rs.2,07,80,730/- from the
date of plaint to till the date of realization.
(b) pay the costs of the suit and thus render justice.
(c) pass such other relief or reliefs as may be deemed fit and proper in the
circumstances of the case
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C.S.No.483 of 2019
R.Deepak ...Plaintiff
Vs.
Mr.B.Vijayaraj ...Defendant
Prayer: Civil Suit filed under Order VII Rule 1 of CPC Read with Order IV
Rule 1 of O.S.Rules, prayed this Court to pass a Judgment and Decree against the
defendant to:
(a) Direct the defendant to pay a sum of Rs.6,10,34,925/- (Rupees Six
Crores Ten Lakhs Thirty Four Thousand Nine Hundred and Twenty Five only)
consisting of principal amount of Rs.4,85,00,000/- together with interest of
Rs.1,25,34,925/- @ 9% interest per annum and further interest @ 9% on
Rs.4,85,00,000/- from the date of plaint to till the date of realization.
(b) pay the costs of the suit and thus render justice.
(c) pass such other relief or reliefs as may be deemed fit and proper in the
circumstances of the case
For Plaintiff in all suits : Mr.M.R.Gokul Krishnan
For Defendant in all suits : Mr.N.P.Vijayakumar
for Mr.R.Pradeep
COMMON JUDGMENT
The suits were listed on 06.02.2023 wherein, this Court had recorded a
settlement that had been reached between the parties to the suit.
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2.Taking into consideration that three months time had been granted for
completion of certain actions under the settlement directed to be listed on
01.06.2023. When the same were listed on 01.06.2023, the learned counsel had
sought further time and thereafter listed on 22.06.2023 and further on 27.06.2023.
Again when the suits were listed on 29.06.2023, a request had been made by the
learned counsel appearing on either side to also tag C.S.No.6 of 2020 along with
the said suits as they have also proposed to withdraw the counter claim in the said
suits made against the parties in the present suit.
3.Today when the matter was taken up, the learned counsel appearing on
behalf of the plaintiff as well as the defendants had submitted, the terms of
Settlement Deed had been complied with and the respective parties have
performed part of their obligations under the Settlement Deed. For better
appreciation, the relevant portion of the Settlement Deed is extracted hereunder:
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4.Learned counsel for the plaintiff had also filed a memo signed by the
plaintiff indicating satisfaction of the Deed of Settlement and seeks this Court to
dispose of the suit in terms of the Deed of Settlement. He had also filed an
independent memos in each of the suits and the said memos are verbatim the
same, it would also be relevant to extract the memo hereunder:
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5.I have recorded the Settlement Deed and also the memo as part of the
Judgment.
6.Learned counsel for the plaintiff in C.S.No.6 of 2020 would submit that the
resolution of lis in the suit should not be put against the plaintiff in C.S.No.6 of
2020 as the properties in schedule to the suits also form part of the suit schedule
property in C.S.No.6 of 2020. Leaned counsel appearing for the respective parties
in these suits would submit that with the settlement of the present dispute between
the parties to the suit would not in any way affects the rights of the plaintiff in
C.S.No.6 of 2020 as it is only a settlement between the parties to the suit. In fact
they would also submit that the counter claim made by the respective parties as
against the parties in the suit is also sought to be withdrawn and independent
memo is filed to that effect.
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7.In my view, submission made by the respective counsel in the suits, I am of
the view that the disposal of the suit would not affect the rights of the plaintiff in
C.S.No.6 of 2020.
8.In view of the memo filed by the plaintiff, the suits are disposed of, as a
terms of settlement have been admittedly complied with by the respective parties
and therefore, there is no necessity to adjudicate lis in the suits any further.
9.Hence, the aforesaid suits are disposed of. However, there shall be no
order as to costs. Consequently, connected applications are closed, if any.
30.06.2023
Index: yes/no
Speaking order:yes/no
pam
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C.S.No.434 of 2018
Plaintiff's witness:
P.W.1 - Mr.R.Deepak
Documents exhibited by the Plaintiff:
Exhibits Documents
Ex.P1 Office copy of Legal Notice dated 28.03.2018 sent by the plaintiff
through his counsel to defendant Mr.V.Pramod, along with postal
acknowledgment card.
Ex.P2 Computer generated Income Tax Returns for Assessment year 2017-2018
of the plaintiff.
Ex.P3 Affidavit filed by the plaintiff under Sec 65-B of Evidence Act certifying
that Ex.P2 is a computer generated printout copy taken from his personal
computer.
Ex.P4 (11 sheets) Certified statement of accounts of the plaintiff bank dated
04.06.2018 for the period 01.04.2016 to 04.06.2018 issued by Union
Bank of India, Triplicane Branch, Chennai.
C.S.No.438 of 2018
Plaintiff's witness
P.W.1 – MR.R.Deepak
Documents exhibited by the Plaintiff:
Exhibits Documents
Ex.P1 Office copy of Legal Notice dated 26.03.2018 sent by the plaintiff
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Exhibits Documents
through his counsel to defendant Mr.V.Vishal, along with postal
acknowledgment card.
Ex.P2 Computer generated Income Tax Returns for Assessment year 2017-2018
of the plaintiff.
Ex.P3 Affidavit filed by the plaintiff under Sec 65-B of Evidence Act certifying
that Ex.P2 is a computer generated printout copy taken from his personal
computer.
Ex.P4 (11 sheets) Certified statement of accounts of the plaintiff bank dated
04.06.2018 for the period 01.04.2016 to 04.06.2018 issued by Union
Bank of India, Triplicane Branch, Chennai.
C.S.No.365 of 2019
Plaintiff's witness:
P.W.1 - Mr.R.Deepak
Documents exhibited by the Plaintiff:
Exhibits Documents
Ex.P1 Original Memorandum of Understanding dated 17.06.2015 entered
between Mrs.V.Saroja (defendant) and one another, and Mr.R.Deepak,
the plaintiff.
Ex.P2 The original deed of cancellation dated 14.07.2016 entered between
Mrs.V.Saroja (defendant) and one another, and Mr.R.Deepak, the
plaintiff.
Ex.P3 The statement of bank accounts issued by Union Bank of Inida.
Triplicane Branch, in respect of the Account No.357202010008305,
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Exhibits Documents
maintained by the plaintiff for the period from 31.03.2015 to 01.04.2016.
Ex.P4 The statement of bank accounts issued by Union Bank of Inida.
Triplicane Branch, in respect of the Account No.357202010008305,
maintained by the plaintiff for the period from 01.04.2016 to 31.03.2017.
Ex.P5 The computer generated Income Tax Returns for the assessment year
2016 to 2017 concerning the plaintiff, along with the photocopy of the
certified true copy of the balance sheet for the assessment year 2016 to
2017.
Ex.P6 The computer generated Income Tax Returns for the assessment year
2017 to 2018 concerning the plaintiff, along with the photocopy of the
certified true copy of the balance sheet for the assessment year 2017 to
2018 and printout copy of the ITR-2 for the said assessment year.
Ex.P7 The computer generated Income Tax Returns for the assessment year
2018 to 2019 concerning the plaintiff, along with the photocopy of the
certified true copy of the last page of the balance sheet for the assessment
year 2018 to 2019 and printout copy of the ITR-3 for the said assessment
year.
Ex.P8 The affidavit file by the plaintiff under Section 65-B of the Indian
Evidence Act, stating that Exs.P5, P6 and P7 are the computer generated
printed copies taken form the plaintiff's personal computer.
Ex.P9 The true copy of the legal notice dated 28.03.2018 sent by the plaintiff
through his counsel to the defendant.
Ex.P10 The original reply dated 14.06.2018 received by the plaintiff's counsel in
response to the legal notice Ex.P9.
Ex.P11 The office copy of the legal notice dated 06.05.2019 sent by the plaintifff
through his counsel to his defendant along with the original postal receipt.
Ex.P12 The original reply dated 17.05.2018 received by the plaintiff's counsel.
Ex.P13 The original cheque acknowledgment dated 21.07.2015.
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Exhibits Documents
Ex.P14 The original cheque acknowledgment letter dated 10.12.2015.
Ex.P15 The original cheque acknowledgment letter dated 06.06.2016.
C.S.No.483 of 2019
Plaintiff's witness:
P.W.1 - Mr.R.Deepak
Documents exhibited by the Plaintiff:
Exhibits Documents
Ex.P1 Original Memorandum of Understanding dated 17.06.2015 entered
between Mr.Vijayaraj (defendant) and one another, and Mr.R.Deepak, the
plaintiff.
Ex.P2 Photocopy of Statement of Bank Account dated 29.05.2019 for the year
2015-2016.
Ex.P3 Photocopy of Statement of Bank Account dated 29.05.2019 for the year
2016-2017.
Ex.P4 Printout of Income Tax Returns dated 18.07.2016 for the Assessment
year 2016-2017 concerning in the plaintiff along with the balance sheet
certified by the Auditor for the assessment year 2016-2017.
Ex.P5 Printout of Income Tax Returns dated 28.06.2017 for the Assessment
year 2017-2018 concerning in the plaintiff along with the balance sheet
certified by the Auditor for the assessment year 2017-2018.
Ex.P6 Printout of Income Tax Returns dated 11.08.2018 for the Assessment
year 2018-2019 concerning in the plaintiff along with the balance sheet
certified by the Auditor for the assessment year 2018-2019.
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Exhibits Documents
Ex.P7 Affidavit filed under Section 65(B) of Evidence Act.
Ex.P8 Original cheque acknowledgment letter dated 13.07.2015 confirming
receipt of payment.
Ex.P9 Original cheque acknowledgment letter dated 10.12.2015 confirming
receipt of payment.
Ex.P10 Original cheque acknowledgment letter dated 26.03.2016 confirming
receipt of payment.
Ex.P11 Original cheque acknowledgment letter dated 30.03.2016 confirming
receipt of payment.
Ex.P12 Original cheque acknowledgment letter dated 06.06.2016 confirming
receipt of payment.
Ex.P13 Original Deed of cancellation dated 14.07.2016.
Ex.P14 Original cheque acknowledgment letter dated 31.08.2016 confirming
receipt of payment
Ex.P15 Photocopy of Legal Notice dated 28.03.2018 issued to the defendant.
Ex.P16 Photocopy of reply to Legal Notice dated 14.06.2018 by the defendant.
Ex.P17 Photocopy of Legal Notice dated 07.05.2019 issued to the defendant.
Ex.P18 Photocopy of reply to Legal Notice dated 17.05.2019 by the defendant.
30.06.2023
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K.KUMARESH BABU, J.
Pam
C.S.Nos.434 & 438 of 2018
& 365 & 483 of 2019
30.06.2023
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