A.Inbasekar vs Raju L. Bathija
2024 Latest Caselaw 18257 Mad

Madras High Court

A.Inbasekar vs Raju L. Bathija on 12 September, 2024

                                                                                   C.S.No.156 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 12.09.2024

                                                          CORAM:

                           THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                   C.S.No.156 of 2023
                                                 and A.No.4198 of 2023

                     A.Inbasekar                                  ...                Plaintiff

                                                             vs

                     Raju L. Bathija                              ...                Defendant


                     Prayer: This Civil Suit is filed under Order VII Rule 1 of the CPC

                     read with Order IV Rule 1 of Original Side Rules, praying for a judgment

                     and decree against the defendant directing the defendant to pay a sum of

                     Rs.4,62,00,000/- towards the payment of loan amount to the plaintiff

                     together with interest @ 18% per annum from the date of plaint till the

                     date of realization.



                                      For Plaintiff          : Mr.P.Chandrasekar
                                      For Defendant          : Mr.T.Vijay




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                                                                                  C.S.No.156 of 2023



                                                      JUDGMENT

The suit had been filed seeking a judgment and decree against

the defendant directing the defendant to pay a sum of Rs.4,62,00,000/-

towards the payment of loan amount to the plaintiff together with interest

@ 18% per annum from the date of plaint till the date of realization.

2. Both the parties are present today before this Court and they

are identified by the respective counsels. A joint compromise memo

dated 11.09.2024 had been presented in Court and both the parties have

signed the joint memo of compromise and the respective counsel have

attested the same. This court put to the parties as to the contents of the

joint memo of compromise and they have given consent for the same.

The learned counsel appearing for the defendant has handed over three

Demand Drafts to the plaintiff, totalling to Rs.3,00,00,000/-, as

mentioned in Para 4 of the Joint Memo of Compromise. With regard to

the plea of refund of entire court fee paid in the suit, the plaintiff is

entitled to the same as per the Rules.

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3. As stated in Para 2 of the Joint Memo of Compromise, the

attachment raised vide order of this Court dated 09.01.2024 made in

A.No.4198 of 2023 shall stand relieved as the plaintiff has made an

endorsement of “no objection” in Para 6 of the Joint Memo of

Compromise.

3. In view of the above observations, the suit is decreed in

terms of the joint memo of compromise. No order as to costs. The joint

memo of compromise shall form part of the decree.

12.09.2024

rgr

Note : Registry is directed to intimate the concerned SRO about relieving of the order of attachment dated 09.01.2024 made in A.No.4198 of 2023 in the prescribed format.

                     Neutral Citation       : Yes / No
                     Index                  : Yes / No
                     Speaking order         : Yes / No





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                                  RMT.TEEKAA RAMAN, J.

                                                           rgr










                                                 12.09.2024





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