1 In the High Court of Judicature at Madras Dated : 12.1.2010 Coram : The Honourable Mr.Justice K.RAVIRAJA PANDIAN CIVIL SUIT NO.490 OF 1999 1. M/s.Steel Authority of India Ltd., owning Salem Steel Plant rep.by Power Agent/Subrogee M/s.National Insurance Company Limited. 2. M/s.National Insurance Company Ltd. ...Plaintiffs Vs M/s.Sanco Trans Ltd. ...Defendant PLAINT UNDER Order IV Rules 1 & 2 of High Court Original Side Rules read with Order VII Rule 1 and Section 26 of the Civil Procedure Code praying for a decree and judgment directing the defendant to pay the second plaintiff a sum of Rs.22,75,000/- together with interest at the rate of 18% per annum from the date of filing of the suit till payment in full and for costs. For Plaintiffs : M/s.Nageswaran and Narichania For Defendant : Mr.V.Bhiman for M/s.Sampathkumar Associates J U D G M E N T The suit is one for recovery of money. When the matter is pending before this Court, as there is a possibility of settlement, this Court referred the matter to the Mediation and Conciliation Centre where the parties have settled the https://hcservices.ecourts.gov.in/hcservices/ 2 dispute and filed a joint memo of compromise dated 16.11.2009 signed by both parties and their respective counsel wherein it has been stated as hereunder : "The plaintiffs and defendant have mutually agreed to settle the above suit out of Court and are filing this joint memo of compromise on the following terms and conditions : i. The defendant has paid a sum of Rs.4,00,000/- (Rupees four lakhs only) by way of cheque in favour of the second plaintiff M/s.National Insurance Co.Ltd towards full and final settlement of the above suit. The second plaintiff for themselves and on behalf of the first plaintiff as their power agents have accepted the said sum of Rs.4,00,000/- by way of cheque dated 12.11.2009 drawn on Indian Overseas Bank, Dr.R.K.Salai, Chennai-4 bearing NO.797999 towards full and final settlement of the above suit. 2. Parties hereby agree that upon realization of the said cheque of the defendant for Rs.4 lakhs, plaintiffs will withdraw the suit as settled out of Court and as per the recommendations of the Mediation Centre, apply to the Hon'ble Court for refund of full Court fee paid less commission. https://hcservices.ecourts.gov.in/hcservices/ 3 3. The defendant hereby undertakes to give their fullest cooperation and assist the second plaintiff in the proceedings in CC No.4021 of 2001 on the file of XVI Metropolitan Magistrate Court, George Town, Chennai to obtain payment out of the sum of Rs.9.5 lakhs with interest thereon in favour of M/s.National Insurance Co.Ltd., being the amount recovered from the culprits for 8 coils and deposited by the police. The defendant hereby agrees that they do not have any objection for the second plaintiff M/s.National Insurance Co.Ltd., to apply for and obtain payment out of the said sum of Rs.9.5 lakhs with interest from the said Court in CC No.4021 of 2001. The defendant further agrees to execute a separate no objection certificate in favour of the second plaintiff M/s.National Insurance Co.Ltd. in this regard. The defendant also agrees to execute any other letter or certificate in favour of M/s.National Insurance Co.Ltd., which may be required by the Magistrate Court for the purposes of obtaining payment out of the amount lying in deposit. 4. Parties hereby agree that the settlement of the above suit will be in accordance with the terms recorded hereinabove https://hcservices.ecourts.gov.in/hcservices/ 4 and pray that this Hon'ble Court be pleased to pass a decree in terms of this memo of compromise and order refund of full Court fee less commission in favour of the second plaintiff M/s.National Insurance Co.Ltd." 2.The matter is listed today for passing orders. Learned counsel on either side submit that a decree may be passed in terms of the joint memo of compromise. 3. Hence, the joint memo of compromise is recorded. There will be a decree in this suit in terms of the joint memo of compromise dated 16.11.2009. The joint memo of compromise shall form part of this judgment. Registry is directed to refund the Court fees either to the second plaintiff or their authorized person, if they are legally entitled to. No costs. sd/.K.R.P.J 12.01.2010 //Certified to be a true copy// Dated this the day of 2015. R.s/06.04.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/