Document Fragment View
Fragment Information
Showing contexts for: Compromise memorandum in Unknown vs The Director on 20 October, 2023Matching Fragments
1.3. While the Original Petitions were pending, a Memorandum of Compromise dated 29.12.2014 was filed before this Court and the said Original Petitions were disposed on 10.02.2015. The terms of the above Memorandum of Compromise was to the effect of giving up rights and benefits to the applicants under the arbitral awards dated 15.05.2014.
https://www.mhc.tn.gov.in/judis Application Nos.4027 & 4028 of 2023 in O.P.Nos.707 & 714 of 2014 1.4. In fact, one of the partners to the firm by name Muraleeswaran had filed applications stating that the terms of Compromise has been executed unauthorisedly without consent. However, he did not pursue the same. Subsequently, there was difference of opinion between the partners of the firm. Arbitration Original Petitions in Arb.O.P.Nos.50 & 51 of 2017 before the learned Principal District Judge, Namakkal, have been filed to appoint Arbitrators to settle the dispute between the partners. However, the matters were settled in the mediation on 30.10.2019 and thereafter, Arb.O.P.Nos.50 and 51 of 2017 were disposed on 22.11.2019 by the learned Principal District Judge, Namakkal.
Discussion:-
4. The records would show that the Directorate of Social Welfare had filed O.P.Nos.707 and 714 of 2014 against the applicants by challenging the Arbitral Awards dated 15.05.2014. However, the same were disposed by stating that the parties had entered into a Memorandum of Compromise dated 29.12.2014. On the strength of the above Memorandum of Compromise the Original Petitions were disposed on 10.02.2015.
11. It is also observed in the said order that the date of purchase of the stamp papers of Memorandum of Compromise in serial Nos.1313 and 1315, have been indicated as 27.12.2014. But the Memorandum of Compromise is dated 29.12.2014. The applicants had obtained information under the Right to Information Act and through which they were able to point out the above impossibility and suspicious nature of the deed.
i) You are requested to furnish the deed of partnership/articles of Association, as appropriate, along with due authorization letter/power of Attorney to conduct due verification of the same by this office.
ii) After furnishing the aforesaid information/documents and after due verification you will be called to enter into fresh Memorandum of Compromise (Compromise deed) without paying and compensation. After the above said Memorandum of Compromise the same will be filed in O.P.No.707 of 2014 by the Department after obtaining the leave of Hon'ble High Court.”