Madras High Court
Amara Raja Batteries Ltd vs Htl Ltd on 31 October, 2013
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-10-2013 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN C.S. No.468 of 2012 Amara Raja Batteries Ltd., rep. by its Power Agent Sahadevan Babu .. Plaintiff vs. HTL Ltd., [formerly Hindustan Teleprints Ltd.,] Chenna-32. .. Respondent PRAYER: Suit is filed under Order IV, Rule 1 CPC r/w. Order VII, Rule 1 of O.S.Rules, praying for the relief as stated therein. ----- For plaintiff : Mr.T.K.Bhaskar For defendant : Mr.D.Rajkumar for M/s.Sai Raj Associates ----- J U D G M E N T
This Civil Suit has been filed praying to pass a judgment and decree, directing the defendant to pay the plaintiff a sum of Rs.3,31,13,685.52 together with interest at 13.5% on Rs.1,51,93,514.60 from the date of the plaint till the date of payment and for costs.
2. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 18.7.2013.
3. A communication, dated 7.10.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, has been received, enclosing a copy of the Mediation Agreement, dated 27.8.2013, and in the said report, it is stated as follows:-
"Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court."
4. As the parties have arrived at a settlement in terms of the Mediation Agreement dated, 27.8.2013, this matter is listed for passing orders in terms of the said Mediation Agreement.
5. The Mediation Agreement, dated 27.8.2013, signed by the parties and the counsel appearing for the parties reads as follows:-
"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
Whereas the Plaintiff filed the above suit for the recovery of a sum of Rs.3,31,13,685.52/- together with interest at 13.5% on Rs.1,51,93,514.60p., from the date of the plaint till the date of payment.
Whereas the defendant has acknowledged the liability to the extent of Rs.1,39,26,368.30p. and the balance amount including interest was disputed as it required reconciliation of accounts.
Whereas the above suit was referred to Mediation by the Honble High Court on 18.07.2013 to the Mediation and Conciliation Centre.
Whereas the parties have discussed and agreed with the assistance of the learned Mediator and reached an amicable settlement of their dispute on the following terms:
1. The Plaintiff has agreed to receive and the defendant agreed to pay an amount of Rs.1,39,26,368.30p., within a period of two weeks from the date of this agreement. The payment shall be made by way of Cheque (payable at PAR at all branches including Hyderabad) or by #RTGS to the designated account of the Plaintiff by the Defendant within the aforesaid period. The Plaintiff shall provide the necessary wire instruction if requested by the Defendant.
2. With respect to the balance amount of Rs.12,67,146.30p., the parties agree to furnish necessary proof to each other to reconcile the accounts in respect of the supplies said to be made to the aforesaid extent. After the reconciliation, to the extent that the parties agree on the supplies made in respect of which payment found to be outstanding, the same shall be made by the defendant to the plaintiff on or before 30th of September 2013.
3. Upon receipt of the amounts mentioned in para 1 and the receipt of any amount if found payable under para 2, the Plaintiffs claim shall be fully and finally settled and both parties agree to relinquish all claims against each other in respect of the subject matter of the suit. If parties agree that any portion of the amount in para 2 is not payable, the same shall be dropped.
4. The parties agree to record the aforesaid terms of settlement before the Honble High Court, to enable a decree to be passed in terms thereof.
5. Upon the Honble High Court recording the above settlement and passing a decree in terms thereof and upon the receipt of the amounts mentioned in para 1 and 2 above, the Plaintiff agrees to withdraw the C.P.No.195/2012 before the file of the Honble High Court.
6. The parties agree to bear their respective costs."
M.JAICHANDREN, J.
gs.
6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 27.8.2013 and in terms of the Mediation Report, dated 27.8.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Civil Suit is disposed of, recording the terms of the Mediation Agreement, dated 27.8.2013. There shall be a Decree, in terms of the Mediation Agreement, dated 27.8.2013. No costs. All the connected Applications are closed. The terms of the Mediation Agreement, dated 27.8.2013, and the report, dated 27.8.2013 of the Tamil Nadu Mediation and Conciliation Centre shall form part of the decree.
gs. 31.10.2013
Index:Yes/No.
Internet:Yes/No.
C.S. No.468 of 2012