Madras High Court
Mr.Sudershan Parakh vs / on 3 July, 2025
Author: G.Jayachandran
Bench: G. Jayachandran
A.S.No.166 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
AS No.166 of 2025
Mr.Sudershan Parakh ...Appellant
/Vs/
Gajesh H.Shah ... Respondent
PRAYER: Appeal Suit is filed under Section 96 of CPC, to set aside the
Judgment and Decree dated 30.07.2024, passed in O.S.No.360 of 2021 on
the file of XVII Additional City Civil Court, Chennai.
For Appellant : M/s.R.V.Gayathri
for P.B Ramanujam Associates
For Respondent : Mr.N.P.Jayakumar
JUDGMENT
Suit for recovery of money allowed by the trial Court in O.S.No.360
of 2021 passing money decree for sum of Rs.16,58,262/- with 6% interest
from the date of plaint till the date of realization and with costs. The
defendant being aggrieved by the above said money decree dated 30.07.2024
had preferred appeal suit in A.S.No.166 of 2024. Pending appeal, the parties
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have arrived at compromise for a sum of Rs.6,00,000/-. The
respondent/decree holder had agreed to record full quit and satisfaction. A
Joint Memo of Compromise dated 01.07.2025 signed by the appellant and
the respondent along with their respective counsel filed in the court.
2. Today (03.07.2025), the Appellant has appeared through Video
Conferencing Mode and the respondent is present in person and they are
identified by their respective counsels. A Joint Memo of Compromise is
taken on record. The relevant portion of the Joint Memo of Compromise is
extracted here under:
“ NOW THIS JOINT OF MEMO OF COMPROMISE WITNEESETH:-
1. The Respondent is the landlord and the Appellant is one of the
Director of Company, that was operating in the tenanted premises under
the name and style of M/s.National Polyplast India Ltd., represented by
its Managing Director Mr.Sudershan Parakh. On 16.03.2018, M/s National
Polyplast India Ltd., vacated and handed over vacant possession of the
tenanted premises situated at Block No.9D, Second Floor, Door
No.44/45, Pantheon Road, Egmore, Chennai-600 008.
2. To give a quietus to the issue of recovery of money, the Appellant is
agreeable to pay a sum of Rs.6,00,000/- (Rupees Six Lakhs only), towards
full and final settlement of all issues between the Appellant and
Respondent. In view of the same, the Appellant has drawn a Demand
Draft (DD) for a sum of Rs.5,40,000/- (Rupees Five Lakh Forty Thousand
Only) dated 01.07.2025 bearing no.282411 issued by Standard Chartered
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Bank, to and in favour of Gajesh H Shah (Respondent herein) after
deducting TDS (Tax Deducted as Source) of Rs.60,000/-.
3. The Respondent acknowledges receipt of the said demand draft for a
sum of Rs.5,40,000/- (Rupees Five Lakhs Forty Thousand Only) towards
full and final settlement of all dues in respect of the claim raised in the
above captioned suit and there are no mutual claims on either side.
4. The parties are agreeable for the appeal to be disposed of in terms of
the Joint Memo of Compromise.
5. The parties are agreeable to bear their respective costs and also for a
final decree to be passed by this Hon'ble Court, based on the Joint Memo
of Compromise”.
3. This Appeal Suit is disposed of as settled out of court in terms of
Joint Memo of Compromise. The terms of Joint Memo of Compromise shall
form part of the decree. No order as to costs.
03.07.2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Vv
To,
1 The XVII Additional City Civil Court,
Chennai
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2. The Section Officer,
V.R.Section, Madras High Court,
Chennai.
Dr.G.JAYACHANDRAN,J.
Vv
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03.07.2025
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