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2003 Supreme(Mad) 1928

N.DHINAKAR, A.KULASEKARAN
NEPC Micon Limited – Appellant
Versus
Siemens Ltd. – Respondent


Advocates Appeared:
Mr.T.R. Rajagopal, Senior Counsel for M/s K. Bhanumathi, Advocate for Appellant. Mr.S.Ramasubramani, Senior Counsel for M/s. K.V. Rajan, Advocate for Respondent.

Judgment :

N. Dhinakar, J. 1. This is a classic text book example of how a debtor can evade payment of his dues by hiding in the lanes and bye-lanes of law. 2. The suit was filed by the respondent/plaintiff against the appellant/defendant in C.S.No.1019 of 1995 for recovery of Rs.96 lakhs and odd towards the supply of generators for wind mill. A petition was filed in Application No.1187 of 1996 to record the Memorandum of Compromise dated 29.11.95 entered into between the parties. In the said memorandum of compromise, it was stated that the appellant/defendant will pay a sum of Rs.76,02,166.54 and on receipt of the said amount, the suit will be withdrawn. The learned single Judge, by his order dated 10.4.96, refused to record the memorandum of compromise by stating that the memorandum of compromise cannot be taken in parts and the earlier part made into enforceable decree even while the later part remains part of the compromise memo signed by the parties. According to the learned single Judge, the memo of compromise shows that it is only a private arrangement by which the defendant was to make the payment and after such payment, the plaintiff has to withdraw the suit as having been

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