Madras High Court
Mr.Sivasuriyan vs T.K.Govindan on 11 September, 2023
C.R.P. No. 3100 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :11.09.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. No. 3100 of 2022
and
C.M.P.No.16659 of 2022
1. Mr.Sivasuriyan
2. Mrs. S. Kanchana
3. Mr.A.Rajendran ...Petitioners
.Vs.
T.K.Govindan ...Respondents
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India praying to set aside the order dated 15.07.2022 passed
by the IV Additional City Civil Court, Chennai in I.A.No.3 of 2021 in
O.S.No.4442 of 2020 and pass orders.
1/6
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3100 of 2022
For Petitioner : Mr. N. Kumar Rajan
For Respondent : Mr.R. Muthukumar
ORDER
This petition is filed to set aside the order dated 15.07.2022
passed by the IV Additional City Civil Court, Chennai in I.A.No.3 of 2021
in O.S.No.4442 of 2020.
2. Today when the matter is taken up for hearing, the learned
counsel for the petitioners and the respondent submitted that the matter is
settled and they have also filed a Joint memo of compromise to that effect
and the same is extracted hereunder:
1. The Respondent filed the suit in O.S.No.4442 of
2020 on the file of IV Additional City Civil Judge, Chennai
for recovery of a sum of Rs.22,00,000/- ( Rupees Twenty Two
Lakhs Only) with interest at the rate of 24% per annum from
the date of plaint to till it's realization against the Revision
Petitioner under Order XVII of C.P.C. the Revision
Petitioners entered their appearance and filed the leave to
defend petition in I.A.No.3 of 2021 and the Hon'ble IV
Additional City Civil Judge, Chennai dismissed the said
Leave to Defend Petition in I.A.No.3 of 2021 by its order
dated 15.07.2022 and decreed the suit in O.S.No.4442 of
2020. The Revision Petitioners preferred this revision
against the dismissal of Leave to defend petition.
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3100 of 2022
2. This Hon'ble Court Granted interim stay of the
trial Court Judgment with a condition to deposit a sum of
Rs.6,00,000/- ( Rupees six Lakhs only) and the Revision
petitioners complied the said condition and deposited a sum
of Rs.6,00,000/- before the Trial Court.
3. Under these circumstances, the parties herein
are desirous to settle the issue by amicable settlement, and
the Revision Petitioners set their hands with the Respondents
on the following compromise terms as follows:
A. The Revision Petitioners agreed to pay the suit
claim amount of a sum of Rs.22,00,000/- to the Respondent
as full and final settlement and the Respondent agreed for
the same.
B. The Revision Petitioners have today paid a sum
of Rs.16,00,000/- ( Rupees Sixteen Lakhs Only) to the
Respondent in the following manner.
i) a sum of Rs. 4,00,000/- ( Rupees Four Lakhs
Only) by way of Demand Draft bearing No.029145 dated
04.07.2023 drawn on H.D.F..C. Bank, Washermenpet
Branch, Chennai in favour of the Respondent.
(ii) a sum of Rs.4,00,000/- ( Rupees Four Lakhs
Only) by way of Demand Draft bearing No.029144 dated
04.07.2023 drawn on H.D.F.C Bank, Washerment Branch,
Chennai in favour of the Respondent.
(iii) a sum of Rs.4,00,000/- ( Rupees Four Lakhs
Only) by way of Demand Draft bearing No.721581 dated
04.07.2023 drawn on D.C.B Bank, Parrys Corner Branch,
Chennai in favour of the Respondent.
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3100 of 2022
(iv) a sum of Rs.4,00,000/- ( Rupees Four Lakhs
Only) by way of Demand Draft bearing No.721580 dated
04.07.2023 drawn on DCB Bank, Parrys Corner Branch,
Chennai in favour of the Respondent.
C) The Respondent agrees to withdraw a sum of
Rs.6,00,000/- ( Rupees Six Lakhs Only) deposited by the
Revision Petitioners before the IV Additional City Civil
Court, Chennai to the credit of the suit in O.S.No.4442 of
2020 and the Revision Petitioners shall give no objection for
the same before the IV Additional City Civil Court, Chennai
D) The Respondent hereby agree to handover the
original title documents of the Revision Petitioners in respect
of the property standing in the name of Mrs.Kanchana and
the power of Attorney executed by R.Baskaran in favour of
A.Rajendran.
E) The Revision Petitioners and the Respondent
shall have no claims whatsoever against each other.
Recording the Joint compromise memo filed by the Revision
petitioner and Respondents this Civil Revision Petition is disposed of. No
order as to costs. Consequently the connected miscellaneous petition is
closed. The Joint compromise memo filed by the Revision petitioners and
Respondents which is extracted above forms part of this order.
11.09.2023
smn
Index : Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3100 of 2022
To.
1. The IV Additional City Civil Court, Chennai
https://www.mhc.tn.gov.in/judis
C.R.P. No. 3100 of 2022
V.BHAVANI SUBBAROYAN,J.
Smn
C.R.P. No. 3100 of 2022
and
C.M.P.No.16659 of 2022
11.09.2023
https://www.mhc.tn.gov.in/judis
