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2018 DIGILAW 3608 (MAD)

KALANJIYAM CUT PIECE v. KALANJIYAM TEXTILES

2018-10-08

M.SUNDAR

body2018
JUDGMENT M. SUNDAR, J. 1. There is a sole plaintiff and a lone defendant in this suit. 2. This suit is listed under the caption 'REPORTING SETTLEMENT AND MEMORANDUM OF COMPROMISE' today. In other words, this suit is listed for reporting settlement and for recording memorandum of compromise. 3. Plaintiff is a partnership firm and one of its partners M.Jamaludeen is before this Commercial Division. On behalf of plaintiff, Ms.Vasudha Thiagarajan, counsel on record is before this Commercial Division. 4. The Court is informed that defendant Kalanjiyam Textiles is a sole proprietary concern and M.Saraswathi, wife of Muthukrishnan, is the sole Proprietrix carrying on business in the name and style 'Kalanjiyam Textiles'. Aforesaid Ms.M.Saraswathi, wife of Muthukrishnan, is present before this Commercial division and Ms.Rajeni Ramadass, counsel on record for sole defendant is also before this Commercial Division. 5. Both aforesaid learned counsel submit on instructions from their respective clients that parties have amicably settled the lis amongst themselves and have reduced the terms to a Joint Memo of Compromise dated 26.09.2018 (hereinafter referred to as 'said JMOC' for the sake of convenience and clarity). 6. Both learned counsel on instructions make a joint request that the main suit itself be decreed in terms of JMOC. 7. Aforesaid parties who are present in Court confirmed that they have understood the terms of JMOC and they also requested that the main suit itself be decreed in terms of aforesaid JMOC. 8. To be noted, JMOC has been duly singed by all four partners of plaintiff firm, plaintiff's counsel on record, aforesaid defendant Ms.M.Saraswathi and her counsel. 9. Both parties to the lis before this Court have produced their photo identity cards, i.e., Aadhar Cards. They have also produced self attested photocopies of the said photo identity cards. 10. In the light of the narrative supra, there shall be a decree in the suit in terms of the aforesaid JMOC, i.e., Joint Memo of Compromise dated 26.09.2018. The JMOC and the self attested photocopies of photo identity cards of parties shall all form part of the compromise decree. 11. The suit is decreed on above terms. No costs. Consequently, connected applications are closed.