Supreme Court - Daily Orders
Baby Ammal vs Navaneetham Ammal on 26 September, 2014
Bench: Ranjana Prakash Desai, N.V. Ramana
ITEM NO.35 COURT NO.5 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 35548/2013
(Arising out of impugned final judgment and order dated 04/12/2012
in SA No. 516/2010 passed by the High Court Of Madras)
BABY AMMAL Petitioner(s)
VERSUS
NAVANEETHAM AMMAL & ORS Respondent(s)
(With appln. (s) for c/delay in filing SLP and interim relief and
office report)
Date : 26/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI
HON'BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s)
Mr. S. Muthukrishnan, Adv.
Mr. Ragan S. Bell, Adv.
Mr. S. Gowthaman,Adv.
For Respondent(s)
Ms. Mahalakshmi Pavani, Adv.
Mr. G. Balaji, Adv.
M/s. Mahalakshmi Balaji & Co.,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay is condoned.
We are happy to note that the parties have arrived at a settlement.
Learned counsel appearing for the parties state that the entire dispute is settled at an amount of Rs.10,00,000/- (Rupees Ten Lakhs only). Admittedly, an amount of Rs.10,00,000/- is Signature Not Verified deposited in this Court. An affidavit dated 22-9-2014 has been Digitally signed by Vishal Anand Date: 2014.09.27 11:55:40 IST filed by the petitioner Baby Ammal. It reads thus:-
Reason:“1. That I am the petitioner in the abovementioned Special Leave Petition. I am fully conversant with the facts and circumstances -2- of the case. As such, I am competent to swear this affidavit.
2. I state that, there was a compromise arrived between me and respondents for the amount of Rs.10 lakhs.
3. I state that, the respondents have deposited Rs.10 lakhs before this Hon'ble Court on 11th September, 2014, as per this Hon'ble Court's direction vide Order dated 19th August, 2014.
4. I state that, this Hon'ble Court may permit my son Mr. Devadoss to receive the amount of Rs.10 lakhs on behalf of me which was deposited by the respondent before this Hon'ble Court.
5. I state that, I do authorize and permit my son Sh. G. Devadas, 3/415, Sudananda Barathinagar, 3rd Street, Agaram then, Chennai-73 at present address no.4, Annai Therasa Street, Kozhilpannai, Medambakkam, Chennai-126 to receive the said amount on behalf of me with my full consent.” The petitioner has put her left thumb impression which is identified by Shri S. Ramachandran, Advocate and the said affidavit is notarized. Common affidavit has also been filed by legal representatives of the petitioner – Baby Ammal stating that they are aware of the compromise. The said affidavit reads as under:-
“1. We are the legal heirs of Baby Ammal in the above-mentioned Special Leave Petition. We fully conversant with the facts and circumstances of the case. As such, we competent to swear this affidavit.
2. We state that, we are aware that the compromise amount Rs.10 lakhs is deposited before this Hon'ble Court on 11 th September, 2014 by the respondent as per this Hon'ble Court's direction vide Order dated 19th August, 2014.
3. We state that, we are aware and fully appreciated that our Mother Baby Ammal authorized by way of affidavit Shri Devadoss to receive the amount of Rs.10 lakhs on behalf of her which was deposited by the respondent before this Hon'ble Court.
4. We state that we are fully agreed, and we have no objection to receive the amount of Rs.10 lakhs by Sh. Devadoss on behalf of our mother Baby Ammal.” -3- The said affidavit is signed by legal representatives and their signatures are identified by Mr. S. Ramachandran, Advocate and it is notarized.
It is, therefore, clear that the petitioner has authorized Sh. Devadoss, her son, to receive the amount of Rs.10 lakhs.
Sh. Devadoss is present in the Court.
Mr. S. Muthukrishnan, learned counsel for the petitioner has identified Mr. Devadoss.
On enquiry being made by this Court, Sh. Devadoss states that he has understood the terms of the compromise and he is agreeable to it and he and his other legal representatives of the petitioner are agreeable to the compromise and he is prepared to receive the amount of Rs.10 lakhs.
Learned counsel for the parties confirm that the matter is settled.
In the circumstances, we dispose of the Special Leave Petition in terms of the compromise.
We direct the Registry to issue a cheque in favour of the petitioner viz. Baby Ammal. The cheque be handed over to Mr. Devadoss by Saturday, the 27th September, 2014.
(VISHAL ANAND) (INDU POKHRIYAL)
COURT MASTER COURT MASTER