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Mr.PravIn Kumar Tatia Vs. S.Abdul Salam Sahib - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Judge
AppellantMr.PravIn Kumar Tatia
RespondentS.Abdul Salam Sahib
Excerpt:
.....ahmed s/o.abdul salam (defendants7to12are residing at door no.1/1 sankakuppam meerdin sahib street, noorullapet ambur town, vaniyambadi taluk vellore district- 635 802. 13 s.shaheena banu w/o.s.abdul samad14s.shameena banu w/o.s.abdul latif15s.nazish arara w/o.imthiyaz ahamed16mrs.parheen aara w/o.s.suhail ahmed17s.mohamed khaleelullah s/o.late mohamed ibrahim18s.mohammed maseeulla s/o.late mohammed ibrahim defendants13to18are residing at door no.8/20 nattamkar ajimudin sahib street ambur vaniyambadi taluk vellore district. defendants1to18represented by their power of attorney the20h defendant herein19mohmad arifeen sahib s/o.late mohmed ibrahim door no.8/20 nattamkar ajimudin sahib street ambur vaniyambadi taluk vellore district. 20 mrs.tasneem banu w/o.mohammed aariffeen.....
Judgment:

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:

11. 4.2014 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN C.S.No.481 of 2010 C.S.No.481 of 2010: MR.PRAVIN KUMAR TATIA [ PLAINTIFF ]. S/O.JAWARILAL TATIA NO.18 RITHERDON ROAD VEPERY CHENNAI-60007. Vs 1 M/S.S.ABDUL SALAM SAHIB & COMPANY, NO.2 EV CHETTY STREET PERIAMET, CHENNAI-03. 2 S.ABDUL SAMAD S/O.LATE. MOHAMED ISHAQ3S.KALEEMULLA S/O.S.ABDULLAH BASHA4S.ANJUM AARA W/O.S.ABDUL RAHMAN5S.FAIZULLA S/O.ABDULLA BASHA6S.ZAKIULLA S/O.S.ABDULLA BASHA (DEFENDANTS2TO6ARE RESIDING AT DOOR NO.9/26, NATTAMKAR AZIMUDIN STREET AMBUR TOWN-635 802 VANIYAMBADI TALUK VELLORE DISTRICT. 7 N.NOOR CHASMA W/O.ABDUL SALAM8S.SHAHID AHMED S/O.ABDUL SALAM9S.GAZALA NISHATH W/O.KAMAL BASHA10S.RAINA NISHATH W/O.SHAMEEL AHMED11S.LUBNA NISHATH W/O.IFTIQAR ALLAM12S.SHADAB AHMED S/O.ABDUL SALAM (DEFENDANTS7TO12ARE RESIDING AT DOOR NO.1/1 SANKAKUPPAM MEERDIN SAHIB STREET, NOORULLAPET AMBUR TOWN, VANIYAMBADI TALUK VELLORE DISTRICT- 635 802. 13 S.SHAHEENA BANU W/O.S.ABDUL SAMAD14S.SHAMEENA BANU W/O.S.ABDUL LATIF15S.NAZISH ARARA W/O.IMTHIYAZ AHAMED16MRS.PARHEEN AARA W/O.S.SUHAIL AHMED17S.MOHAMED KHALEELULLAH S/O.LATE MOHAMED IBRAHIM18S.MOHAMMED MASEEULLA S/O.LATE MOHAMMED IBRAHIM DEFENDANTS13TO18ARE RESIDING AT DOOR NO.8/20 NATTAMKAR AJIMUDIN SAHIB STREET AMBUR VANIYAMBADI TALUK VELLORE DISTRICT. DEFENDANTS1TO18REPRESENTED BY THEIR POWER OF ATTORNEY THE20H DEFENDANT HEREIN19MOHMAD ARIFEEN SAHIB S/O.LATE MOHMED IBRAHIM DOOR NO.8/20 NATTAMKAR AJIMUDIN SAHIB STREET AMBUR VANIYAMBADI TALUK VELLORE DISTRICT. 20 MRS.TASNEEM BANU W/O.MOHAMMED AARIFFEEN DOOR NO.8/20 NATTAMKAR AJIMUDIN SAHIB STREET AMBUR, VANIYAMBADI TALUK VELLORE DISTRICT. (DEFENDANTS) C.S.No.453 of 2010: MR.PRAVIN KUMAR TATIA [ PLAINTIFF ]. S/O.JAWARILAL TATIA NO.18 RITHERDON ROAD VEPERY CHENNAI-60007. Vs. Mr.MOHMAD ARIFEEN SAHIB S/O.LATE MOHMED IBRAHIM DOOR NO.8/20, NATTAMKAR AJIMUDIN SAHIB STREET AMBUR, VANIYAMBADI TALUK VELLORE DISTRICT (DEFENDANT) Civil Suit in C.S.No.481 of 20110, has been filed to pass a Judgment and Decree: i) to direct the defendant to pay the plaintiff a sum of Rs.84,00,000/- with interest at 24% P.A on Rs.60,00,000/- from the date of plaint till the date of realization within a date fixed by this Hon'ble court in respect of the Mortgage amount. ii) In default order for the sale of the mortgage property (morefully described in the schedule) and to adjust the same after defraying the expenses of the sale towards the amount due under the decree. iii) in case of deficiency pass a personal decree against the defendant for the short fall. iv) for permanent injunction restraining the defendants his men agent(s), heir(s), legal representative(s) administrator(s), assign(s) or any other person(s) claiming through or under him from alienating or encumbering the land and building of the schedule mentioned by way of sale, mortgage, pledge, settlement or any forms of transfer to any third parties in any manner whatsoever without settling the dues of the plaintiff. v. Pay the cost of this suit. vi. Pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. C.S.No.453 of 2010: Civil Suit in C.S.No.453 of 20110, has been filed to pass a Judgment and Decree: i) to direct the defendant to pay the plaintiff a sum of Rs.20,70,000/- with interest at 24% p.a on Rs.15,00,000/- from the date of plaint till the date of realization within a date fixed by this court in respect of the mortgage amount. ii) in default order for the sale of the mortgage property (morefully described in the schedule) and to adjust the same after defraying the expenses of the sale. iii) in case of deficiency pass a personal decree against the defendant for the short fall. iv) for permanent injunction restraining the defendants, his men, agents, heirs, legal representatives, administrators assigns or any other persons claiming through or under him from alienating or encumbering the land and building of the schedule mentioned by way of sale, mortgage, pledge, settlement or any forms of transfer to any third parties in any manner whatsoever without settling the dues of the plaintiff. v) pay the cost of the suit. vi) Pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For plaintiff : M/s.Ojas Law Firm For defendants : Mr.B.Jayaraman C O M M O N ORDER

The Civil Suit in C.S.No.481 of 2010, was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 30.9.2013.

2. A communication, dated 10.4.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 28.1.2014, has been received, and in the said Mediation Report, it is stated as follows:- ".As agreed by both parties the matter has been settled amicably in C.S.No.481/2010 & A.No.4170/2013 & C.S.No.453/2013 before the Mediation Centre. Hence the matter is sent back to the Hon'ble Court.".

3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 28.1.2014, these civil suits are listed for passing orders in terms of the said Mediation Agreement.

4. The Mediation Agreement, dated 28.1.2014, signed by the parties and the counsels appearing for the plaintiff and the 19th and 20th defendants, reads as follows:- ".Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

1. The 19th and 20 Defendants agree to pay a sum of Rs.1,20,00,000/-(Rupees one crore and twenty lakhs only) to the Plaintiff towards full and final settlement of the claim in the suit Nos.C.S.No.481 and 453/2010.

2. The 19th and 20th Defendants agree to pay the above amount as follows and the Plaintiff agrees for the same: i) Rs.5,00,000/- (Rupees five lakhs only) paid by way of Demand Draft No.032256, dated 07.01.2014 drawn in favour of Mr.Pravin Kumar Tatia/Plaintiff drawn on United Bank of India, Sri R.K.Math Branch. ii) Rs.5,00,000/- (Rupees five lakhs only) paid by way of Demand Draft No.032255, dated 07.01.2014 drawn in favour of Mr.Pravin Kumar Tatia/Plaintiff drawn on United Bank of India, Sri R.K.Math Branch. iii) Rs.1,10,00,000/- (Rupees one crore and ten lakhs only) is to be paid by 19th and 20 Defendants on or before 07.07.2014. On receipt of the above amount, the Plaintiff shall return the documents to 19th and 20 Defendants.

3. In case of Default in the payment as stated above, the Plaintiff is entitled for the suit amount.

4. Since the Plaintiff and 19th and 20 Defendants are only the contesting parties, others are not present in the Mediation. 20th Defendant is represented by her husband 19th Defendant.

5. The suit may be decreed on the above terms. 5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 28.1.2014, and in terms of the Mediation Report, dated 28.1.2014, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, these suits are decreed, recording the terms of the Mediation Agreement, dated 28.1.2014. The terms of the Mediation Agreement, dated 28.1.2014 and the Mediation Report of the Mediation Centre, dated 28.1.2014, shall form part of the decree. Connected Application No.2499 of 2013 is closed. 11.4.2014 INDEX : YES/NO INTERNET : YES/NO lan M.JAICHANDREN J., lan C.S.No.481 of 2010 11.4.2014


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