Madras High Court
M/S. Evergreen Seafoods Pvt Ltd vs Canara Bank on 16 June, 2023
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
A.S.No.501 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Appeal Suit No. 501 of 2005
and
CMP.No.21450 of 2022
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1.M/s. Evergreen Seafoods Pvt Ltd,
Represented by its Managing Director,
Mr.T.Loganathan
Plot No.21 and 22
Madras Fishing Harbor Complex,
Royapuram, Chennai – 600 013.
2.T. Loganathan .. Appellants
Versus
1.Canara Bank
Vepery Branch having its Head Office,
At Bangalore 560 002.
At.No.136, A.P.Road,
Choolai, Chennai – 600 112.
Rep by its Senior Manager,
Mr.S.Ramachandran
2.T.Chelladurai
3.T.Ayyadurai
4.T.Selvaraj ... Respondents
Appeal Suit filed under Section 96 of Civil Procedure Code, R/w Order
41 Rule 1 of CPC, praying to set aside the judgement and decree dated
17.11.2004 in O.S.No.4152 of 2001 on the file of the IV Additional Judge, City
Civil Court, Chennai.
For Appellants
https://www.mhc.tn.gov.in/judis : Mr. Vasudevan
1/6
A.S.No.501 of 2005
For Respondents : Mr. S. Kesavan for R1
Mr.V.Balasubramainam for R2 to R4
JUDGMENT
This Appeal Suit is filed by the defendants in O.S.No.4152 of 2001 on the file of the learned IV Additional Judge, City Civil Court, Chennai.
2. The suit was filed by the first respondent/Canara Bank, Vepery Branch, as plaintiff, against the defendants for recovery of loan extended to the defendants in the suit over mortgage of property. The first defendant is the Company. The second to fourth defendants are the Directors of the company. During trial, based on memo filed by the plaintiff, the suit against the fourth and fifth defendants was dismissed. Subsequently, after full Trial, the suit was decreed as per judgement dated 17.11.2004. The title deeds of “A” Schedule property Ex.A12 to A21 were ordered to be returned to the third to fifth defendants, upon their application after due notice to the plaintiff. The suit was decreed against the first to third defendants for a sum of Rs.4,95,336.98/- together with interest at 15.25% from the date of plaint till the date of decree and thereafter 6% interest till the date of realisation with entire costs.
3. Pending appeal, the appeal was referred to Mediation for amicable https://www.mhc.tn.gov.in/judis 2/6 A.S.No.501 of 2005 settlement.
4. Today i.e., 20.06.2023 the Appeal is taken up for hearing under the caption “Mediation Settled Cases”. The learned counsel for the Appellants as well as the learned counsel for the first Respondent (Canara Bank) fairly conceded that the subject matter was amicably settled before the Mediation, and request this Court to pass a decree in terms of the settlement arrived at Mediation. The Settlement had been arrived between the parties for a sum of Rs.6,00,000/- out of which Rs.4,50,000/- had been paid by the appellants herein and the remaining amount of Rs.1,50,000/- had been paid by the second and third respondents. The first respondent/Bank had received a total sum of Rs.6,00,000/- towards full satisfaction of the suit claim and agreed return the title deeds in respect of mortgage property from the Trial Court immediately. In the agreement signed before the mediation centre, the parties agreed that they do not have any further claim or demand against each other with respect to the subject matter of the suit in O.S.No.4152 of 2001 and all the disputes have been amicably settled through the process of Mediation and Conciliation. Therefore, a decree is passed in the suit in terms of the settlement and accordingly, this Appeal suit is disposed of.
4. Since the matter was settled before the Mediation based on which the suit was decreed and the appeal is also disposed of in terms of the https://www.mhc.tn.gov.in/judis 3/6 A.S.No.501 of 2005 settlement effected between the parties, the Court fees paid by the appellants is ordered to be refunded to them.
Accordingly, this Appeal Suit is disposed of in terms of Settlement recorded before the Mediation and Conciliation Centre. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
20.06.2023 Index : Yes/No Internet : Yes/No jas https://www.mhc.tn.gov.in/judis 4/6 A.S.No.501 of 2005 To The learned IV Additional Judge, City Civil Court, Chennai.
SATHI KUMAR SUKUMARA KURUP, J https://www.mhc.tn.gov.in/judis 5/6 A.S.No.501 of 2005 jas AS No. 501 of 2005 20.06.2023 https://www.mhc.tn.gov.in/judis 6/6