Madras High Court
Sri Matha Trust vs Sri Matha Cancer Care Trust on 27 July, 2022
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.S.No.32 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.S.No.32 of 2021
and
A.Nos.319 & 2524 of 2021
and
A.No.109 of 2022
1. Sri Matha Trust,
Rep. By its Founder and Managing Trustee,
Mr.V.Krishnamoorthy,
Having its registered office at,
“Nathakamalam”, 1A, Periazhwar Street,
Sundaram Colony,
East Tambaram,
Chennai – 600 059.
2.V.Krishnamoorthy,
Founder and Managing Trustee,
Sri Matha Trust,
No.95/6, Rams Apartment,
2nd Main Road,
Gandhi Nagar,
(Next to Harini Skin & Laser Clinic),
Adyar, Chennai – 600 020. ... Plaintiffs
Vs.
1. Sri Matha Cancer Care Trust,
1/5
https://www.mhc.tn.gov.in/judis
C.S.No.32 of 2021
Rep. By its Managing Trustee,
Mrs.D.Vijayasree Mahadevan,
Having its office at No.54, L.B.Road,
(above Modern Medicals),
Thiruvanmiyur,
Chennai – 600 041.
2. Mrs.D.Vijayasree Mahadevan,
Managing Trustee,
Sri Matha Cancer Care Trust,
No.30/7, Kesava Perumal Koil West Street,
Mylapore, Chennai – 600 004.
3. Mr.V.Durai,
Trustee,
Sri Matha Cancer Care Trust,
No.30/7, Kesava Perumal Koil West Street,
Mylapore, Chennai – 600 004.
4. Mrs. Padmini Ravichandran,
Trustee, Sree Matha Cancer Care Trust,
Door No.15, 6th Cross Street,
Karpagam Garden, Opp. Alaghu Pharmacy,
Chennai – 600 020.
5. Mrs. T.V.Lakshmi,
Trustee, Sri Matha Cancer Care Trust,
No.9, Perumal Street,
Royapettah, Chennai – 600 014.
6. City Union Bank,
Rep. By its Manager,
Mandaveli Branch,
No.67, Mandavelli Street,
Mandaveli, Chennai – 600 028. ... Defendants
Prayer:
2/5
https://www.mhc.tn.gov.in/judis
C.S.No.32 of 2021
This Civil Suit is filed under Order IV Rule 1 of O.S.Rules read with
Order VII Rule 1 of C.P.C., to pass a judgment and decree for
(a) directing the defendants 1 to 5 jointly and severally to pay
Rs.6,46,43,930/- ( Rupees Six Crores Forty six Lakhs, Forty three thousand,
Nine hundred and thirty rupees only) with the interest at 12% p.a on
Rs.6,46,43,930/- from the date hereof till the date of realization in full;
(b) mandatory injunction directing the 6th defendant to deposit the balance
sale proceeds after auction sale of properties of the 1st defendant which are
mortgaged with the 6th defendant under simple mortgage deed dated
21.10.2017, to the credit of the suit and
© Costs of the suit
For Plaintiffs : Mr.E.Senthilkumar
For D1 to D5 : Mr.S.Selvathirumurugan
For D6 : R.Sivaraman
*****
JUDGEMENT
3/5
https://www.mhc.tn.gov.in/judis C.S.No.32 of 2021 This matter was referred to Mediation and the matter has been settled between the parties before the Mediator and in this regard, Mediation Report dated 19.07.2022 has also been filed along with Memo of Compromise filed by the plaintiffs and the defendants.
2. Today when the matter is taken up for hearing, both the plaintiffs and the defendants as well as their counsel are present.
3. In the light of the abovesaid factors, the memo of compromise filed by the plaintiffs and the defendants is recorded.
4. In view of the above position, the Suit is decreed in terms of the compromise memo filed by the parties. Memo of compromise shall form part of the decree of the Suit. No costs. Consequently, connected miscellaneous petition are closed. Plaintiffs are entitled to refund of the Court fee as per rules.
27.07.2022 mfa Index:yes/No Internet:yes/No KRISHNAN RAMASAMY ,J.
4/5https://www.mhc.tn.gov.in/judis C.S.No.32 of 2021 mfa C.S.No.32 of 2021 and A.Nos.319 & 2524 of 2021 and A.No.109 of 2022 27.07.2022 5/5 https://www.mhc.tn.gov.in/judis