Pravin Kumar Tatia v. S. Abdul Salam Sahib & Company
2014-04-11
M.JAICHANDREN
body2014
DigiLaw.ai
Judgment : 1. The Civil Suit in C.S.No.481 of 2010, was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 30.9.2013. 2. A communication, dated 10.4.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 28.1.2014, has been received, and in the said Mediation Report, it is stated as follows:- "As agreed by both parties the matter has been settled amicably in C.S.No.481/2010 & A.No.4170/2013 & C.S.No.453/2013 before the Mediation Centre. 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 28.1.2014, these civil suits are listed for passing orders in terms of the said Mediation Agreement. 4. The Mediation Agreement, dated 28.1.2014, signed by the parties and the counsels appearing for the plaintiff and the 19th and 20th defendants, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. The 19th and 20 Defendants agree to pay a sum of Rs.1,20,00,000/-(Rupees one crore and twenty lakhs only) to the Plaintiff towards full and final settlement of the claim in the suit Nos.C.S.No.481 and 453/2010. 2. The 19thand 20th Defendants agree to pay the above amount as follows and the Plaintiff agrees for the same: i) Rs.5,00,000/- (Rupees five lakhs only) paid by way of Demand Draft No.032256, dated 07.01.2014 drawn in favour of Mr.Pravin Kumar Tatia/Plaintiff drawn on United Bank of India, Sri R.K.Math Branch. ii) Rs.5,00,000/- (Rupees five lakhs only) paid by way of Demand Draft No.032255, dated 07.01.2014 drawn in favour of Mr.Pravin Kumar Tatia/Plaintiff drawn on United Bank of India, Sri R.K. Math Branch. iii) Rs.1,10,00,000/- (Rupees one crore and ten lakhs only) is to be paid by 19th and 20 Defendants on or before 07.07.2014. On receipt of the above amount, the Plaintiff shall return the documents to 19th and 20 Defendants. 3. In case of Default in the payment as stated above, the Plaintiff is entitled for the suit amount. 4. Since the Plaintiff and 19thand 20 Defendants are only the contesting parties, others are not present in the Mediation. 20th Defendant is represented by her husband 19th Defendant. 5. The suit may be decreed on the above terms.” 5.
3. In case of Default in the payment as stated above, the Plaintiff is entitled for the suit amount. 4. Since the Plaintiff and 19thand 20 Defendants are only the contesting parties, others are not present in the Mediation. 20th Defendant is represented by her husband 19th Defendant. 5. The suit may be decreed on the above terms.” 5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 28.1.2014, and in terms of the Mediation Report, dated 28.1.2014, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, these suits are decreed, recording the terms of the Mediation Agreement, dated 28.1.2014. The terms of the Mediation Agreement, dated 28.1.2014 and the Mediation Report of the Mediation Centre, dated 28.1.2014, shall form part of the decree. Connected Application No.2499 of 2013 is closed.