w w w . L a w y e r S e r v i c e s . i n



N.T. Thayammal & Others v/s Kishinchand Chellaram (India) Private Limited., Represented by its duly constituted Power of Attorney Agent and Branch Manager, Kishin M. Mulchandani & Another


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- KISHINCHAND CHELLARAM (INDIA) PRIVATE LIMITED [Active] CIN = U17120MH1947PTC140480

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- KISHINCHAND CHELLARAM (INDIA) PVT LTD [Not available for efiling] CIN = U18101TN1973PTC006333

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- KISHINCHAND CHELLARAM [INDIA] LIMITED [Not available for efiling] CIN = U99999MH1947PLC005972

    S.A. No. 1169 of 1998

    Decided On, 16 July 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

    For the Appellants: P.N. Radhakrishnan, Advocate. For the Respondents: R1, Giridhar Rao, V. Nataraj, R2, S. Kingston Jerold, Advocates.



Judgment Text

(Prayer: Second Appeal filed under Section 100 C.P.C. against the Judgment and Decree of the lower appellate court dated 21.10.1997 passed in A.S.No.24 of 1996 on the file of the Sub Court, Nilgiris at Udhagamandalam reversing the Decree and Judgment dated 31.01.1996 passed in O.S.No.552 of 1991 on the file of the District Munsif Court, Udhagamandalam.)1. This second appeal has been filed challenging the reversal findings of the lower appellate court.2. Parties to this second appeal have filed memo of compromise dated 15.07.2021. All the parties have signed in the memo of compromise and the respective counsels have also signed. The compromise memo reads as follows:“The Appellants agree to pay the First Respondent a totalsum of Rs.9,00,000/- (Rupees Nine Lakhs Only) in the following manner:-1.a) The Appellants have agreed to purchase the suit schedule property from the First Respondent for a sum of Rs.1,80,000/- (Rupees One Lakh Eightly Thousand Only) free of all encumbrances and the First Respondent shall execute a registered Sale Deed conveying the suit schedule property to the Appellants and the said sum shall be paid at the time of execution and registration of the sale deed. The Appellants have further agreed to pay the relevant stamp-duty, registration charges, legal charges and all other relevant fees and charges for execution and registration of the said Sale Deed.b) The Appellants have also agreed to simultaneously pay to the First respondent a sum of Rs.7,20,000/- (Rupees Seven Lakhs Twenty Thousand Only) as compensation for occupation and use of the suit schedule property for the last few decades.2. The payment of purchase consideration, execution and registration of the sale deed as set out in Clause 1(a) above and the payment of the compensation as specified in Clause 1(b) above shall both be completed simultaneously within 2 weeks from the date or within such extended time as the Parties may mutually agree depending on pandemic situation which extended time shall in any event not exceed beyond one week of the lifting of any Government restriction imposed regarding the functioning of the concerned Registry.3. The Appellants shall pay interest at 12% p.a. on any sum due out of the sale consideration and the compensation specified in the clauses 1(a) and (b) above totalling to Rs.9,00,0000/- (Rupees Nine Lakhs Only) beyond the period specified in Clause 2 above.4. In case of breach of the terms contained in Clause (2) supra by either Parties, the other party will be entitled to a decree for specific performance of the terms above mentioned, and the expenses of any legal proceedings therewith will be borne by the defaulting party.5. The Parties submit that the above is the full and final settlement of all claims and disputes in respect of the ‘Suit Schedule’ property and that the parties have no further or other claims against each other.6. The First Respondent submits that it has passed necessary Board Resolutions dated 24th June 2021 for the purpose of settling the terms of the above Memo of Compromise as above and also duly authorising its representative Mr.S.Edward Vincent, Branch Manager of its Udhagamandalam Branch at No..41, Commercial Road, Udhagamandalam -643 001, Nilgiris District, to (i) execute the said Memo of Compromise on the above said terms, (ii) execute the sale deed specified in Clause 3 supra in favour of the Appellants and submit the same for registration to the concerned Registry of Assurance, and (iii) to receive the sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) specified in Clause 1 supra in the manner set out therein and issue receipt/s for the same on behalf of the First Respondent in favour of the Appellants effectively discharging the Appellants from making any further payment. A true copy of the Resolution is annexed hereto.7. The Second Respondent submits that he has no claims against any of the other parties herein, nor has any interest in the Suit Schedule Property herein by virtue of having been only the tenant of the Appellants in the Suit schedule property and having vacated the said property a few year

Please Login To View The Full Judgment!

s ago and is in agreement to the terms of this Memorandum of Compromise.8. The parties therefore hereby pray that a decree may be passed by this Hon’ble Court in terms of the above memo of compromise, and thus render justice.”3. The Compromise Memo dated 15.07.2021 is taken on record. The said Compromise Memo dated 15.07.2021 shall form part of this Judgment. This second appeal is disposed of in terms of the memo of compromise dated 15.07.2021. No costs.
O R