Madras High Court
Mr. Cleetus Vincent vs Hexaware Technologies Limited on 19 August, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S. No.203 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.08.2024
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.203 of 2008
M/s. Vinjane Centre, Partnership Firm,
Rep.by its Partners,
1.Mr. Cleetus Vincent,
2.Mrs. Imelda Cleetus ... Plaintiffs
Versus
1.Hexaware Technologies Limited,
Rep. by its Chairman,
Mr. Atul. K. Nishar
2.Hexaware Technologies Limited,
Rep. by its Executive Director,
Mr. P.K. Srdharan
3.M/s. Aban Groups,
Rep.by its Managing Director,
Mr. Regi Abraham ... Defendants
PRAYER: Civil Suit plaint filed under Order IV Rule 1 of the O.S. Rules
r/w Order VII Rule 1 of Civil Procedure Code, pleased to pass a Judgment
and Decree in favour of the Plaintiffs and against the Defendants:
(a) directing the 1st and 2nd defendants to pay a sum of Rs.9,29,78,
1/7
https://www.mhc.tn.gov.in/judis
C.S. No.203 of 2008
369/- to the plaintiffs with further interest at the rate of 24% from the date of
filing of the suit till the date of realization;
(b) directing the defendants to quit and deliver vacant possession of
the schedule A and B mentioned properties;
(c) directing the 1st and 2nd defendants to pay a sum of Rs.14,57,345/-
being the future damages towards the schedule mentioned properties agreed
under the various agreements payable on or before 10 th of every succeeding
English calendar month without any default from the date of filing the plaint
till vacating and handing over the vacant possession;
(d) for a permanent injunction restraining the defendants, their men,
agents, staffs or subordinates or any other person claiming through them or
on behalf of from in any way parting with possession or subletting or
inducting third parties in respect of the schedule mentioned properties;
(e) for costs of the suit.
For Plaintiff : Mr. Ashok Menon
For Defendants : M/s. Arva Merchant (for D1 to D2)
: Ex-parte – D3.
2/7
https://www.mhc.tn.gov.in/judis
C.S. No.203 of 2008
JUDGMENT
By order dated 23.02.2024, the matter was referred to the Mediation
Centre annexed to this Court. Pursuant thereto, the parties reached a
settlement and reduced such settlement into writing under Settlement
Agreement dated 25.06.2024. Such Settlement Agreement has been placed
on record. The plaintiff has signed the Settlement Agreement through the
Managing Partner, Mr. Cleetus Vincent, and the defendant has executed the
same through Ms. Anruta Yadav, authorized signatory.
2. The plaintiffs and the first and second defendants are represented
through their respective counsel.
3. The settlement agreement provides, in relevant part, as under:-
“1.1. The parties mutually agree to the following
terms of the settlement:
1.11. Against Vinjane's claims of, inter alia, (i) INR
9,29,78,369/-(Rupees Nine Crores Twenty
Nine Lakhs Seventy Eight Thousand Three
Hundred and Sixty Nine Only) with interest
https://www.mhc.tn.gov.in/judis
at 24% towards licence fees, amenities charges,
maintenance charges, garden charges, car
parking charges, service tax, damages to the
premises and amenities an interest on
outstanding amount and, (ii) INR 14,57,345/-
(Rupees Fourteen Lakhs Fifty Seven
Thousand Three Hundred and Forty Five Only)
towards future damages in relation to the suit
property as set out in the Suit, Hexaware has
(subject to terms of this Settlement Agreement)
agreed to pay and Vinjane has agreed to
receive a full and final settlement sum of
INR 4,50,00,000- (Rupees Four
Crores Fifty Lakhs Only) to be paid strictly in
the manner as set out herein below (“Settlement
Amount”).
1.1.2 Hexaware will pay Vinjane a lumpsum amount
of INR 4,50,00,000- (Rupees Four Crores
Fifty Lakhs Only), (inclusive of all applicable
taxes), subject to the direction of the Hon'ble
Madras High Court on deduction of tax
deductible at source, i.e., TDS, by Hexaware
https://www.mhc.tn.gov.in/judis
at the time of making payment of the
Settlement Amount to Vinjane, by way of
RTGS to the account details to be provided
by Vinjane to Hexaware as per Clause 1.13,
within 15(fifteen) business days from date of
receipt of fair order, decree and judgment to
be passed in the Suit by the Hon'ble Madras
High Court or the web copy of the order of
the Hon'ble Madras High Court in the Suit as
made available on its website.
1.1.3. The details of the bank account of Vinjane to
which the payment is tobe made shall be
provided by Mr. Ashok Menon, advocate on
record for Vinjane to Hexaware. The same
can be recorded by the Hon'ble Court in the
order to be passed in the Suit in terms of the
Settlement Agreement.”
4. On perusal of the plaint, it appears that the total claim of
Rs.9,29,78,369/- (Rupees Nine Crores Twenty Nine Lakhs Seventy Eight
Thousand Three Hundred and Sixty Nine Only), included a component of
damages of Rs.80,00,000/- (Rupees Eighty Lakhs Only). The plaintiffs have
https://www.mhc.tn.gov.in/judis
through mediation agreed to a settlement amount of Rs.4,50,00,000/-
(Rupees Four Crores Fifty Lakhs Only), inclusive of all applicable taxes. I
see no legal impediment to issuing a decree in terms of such Settlement
Agreement.
5. Therefore, C.S.No.203 of 2008 is disposed of in terms of
Settlement Agreement dated 25.06.2024. Such settlement agreement shall
form an integral part of the decree. Since such settlement was arrived at
pursuant to the reference to the Mediation Centre, the Registry is directed to
refund the Court fee to the plaintiff.
19.08.2024
klt
https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J
klt
19.08.2024
https://www.mhc.tn.gov.in/judis
