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2013 DIGILAW 4243 (MAD)

Anusuya v. Dhanalakshmi @ Lakshmi

2013-12-19

M.JAICHANDREN

body2013
JUDGMENT 1. This Civil Revision Petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 22.2.2013. 2. A communication, dated 5.11.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 12.9.2013, has been received, and in the said Mediation Report, it is stated as follows:- "Parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court." 3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 12.9.2013, this civil Revision Petition is listed for passing orders in terms of the said Mediation Agreement. 4. The Mediation Agreement, dated 12.9.2013, signed by the parties and the counsels appearing for the parties concerned, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. Mrs.Dhanalakshmi and others undertake to give no objection certificate regarding employment of Mrs.Saraswathi in the Corporation of Chennai on compassionate grounds for the death of Late Nainiaappan. 2. Regarding the death benefit of Mr.Nainiappan, all the LR’s of Mr.Nainiappan (Anusuya, Alamelu, Sumathi, Dhanalakshmi, Tamil Selvi) will have 1/5th Share. 3. Regarding the pension to Mrs.Dhanalakshmi will have the right to receive the same and all the LR’s are willing to give consent for No Objection including Saraswathi from October 2013 and Mrs.Dhanalakshmi will get pension from October 2013 onwards from Corporation of Chennai. 4. Regarding the pension arrears from out of the same, Dhanalakshmi will take Rs.1,10,000/- and the balance will be given to Mrs.Saraswathi. 5. The Corporation of Chennai will give the cheque for the pension arrears in the name of Mrs.Dhanalakshmi till September 2013 and produce the said cheque before the officer of the mediation and the same would be deposited and out of the same, Dhanalakshmi will take Rs.1,10,000/- and the balance will be given to Mrs.Saraswathi. 6. Later once the cheque is realized Mrs.Dhanalakshmi will take Rs.1,10,000/- in the pension arrears and the balance will be paid to Mrs.Saraswathi. If any default is made in payment of the amount to Mrs.Saraswathi would be at liberty to take appropriate action against Mrs.Dhanalakshmi.5. 6. Later once the cheque is realized Mrs.Dhanalakshmi will take Rs.1,10,000/- in the pension arrears and the balance will be paid to Mrs.Saraswathi. If any default is made in payment of the amount to Mrs.Saraswathi would be at liberty to take appropriate action against Mrs.Dhanalakshmi.5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 12.9.2013, and in terms of the Mediation Report, dated 12.9.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this Civil Revision Petition is decreed, recording the terms of the Mediation Agreement, dated 12.9.2013. The terms of the Mediation Agreement, dated 12.9.2013 and the Mediation Report, dated 12.9.2013, of the Mediation Centre, shall form part of the order.