J U D G M E N T

Captioned suit and captioned application have been listed under the cause list caption 'FOR RECORDING MEMO OF COMPROMISE'.

2. This judgment / decree and order will dispose of the captioned suit and application.

3. In this judgment, parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.

4. Mr.A.R.Karunakaran, learned counsel on record for sole plaintiff, Ms.Meenatchi, learned counsel from Chamber of Mr.R.John Sathyan counsel on record for defendants 1 and 4 and Mr.A.Praveen Kumar, learned counsel for Ms.Shoba Agarwal {(wife of Mr.Pankaj Agarwal) who is a third party to the main suit and who has filed captioned application namely, A.No.3015 of 2022} are before this Commercial Division.

5. Defendants 2 and 3 have entered appearance through Mr.Swami Subramanian and Ms.Meenatchi, learned counsel submits that she is representing the counsel on record for defendants 2 and 3 also.

6. This judgment / decree has to be read in conjunction with and in continuation of earlier proceedings made by Hon'ble predecessor Judge in the previous listing on 27.07.2022 and the same reads as follows:

'A third party has filed an application to raise the attachment. Learned counsel for the plaintiff seeks time to file a counter thereto. Meanwhile, the two contesting parties submit that there is a reasonable prospect of an amicable resolution of the dispute. Therefore, they request that the matter be placed before the Mediation Centre annexed to this Court.

2. Acceding to the request, the matter is placed before the Mediation Centre annexed to this Court. Both parties agree to be present before the Mediation Centre on 01.08.2022. Since the date of hearing has been fixed with the consent of parties, a separate notice from the Mediation Centre in this regard is not necessary.

3. Let the matter appear before this Court upon receipt of the report of Mediation Centre.'

7. The above proceedings speak for itself. On being referred to 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' [hereinafter 'TNMCC' for the sake of brevity], TNMCC has conducted mediation and sent a mediation report dated 17.10.2022 under cover of letter dated 20.10.2022 and a scanned reproduction of the same is as follows:

8. All the aforementioned three counsel request for a decree in terms of 'memo of compromise dated 17.10.2022' [hereinafter 'said MOC' for the sake of convenience, clarity and brevity] annexed to the aforementioned mediation report.

9. Before this Commercial Division accedes to aforementioned request for the purpose of clarity, specificity and elimination of possible anomalies, it is made clear that there is an error in the Judge's summons qua captioned application namely, A.No.3015 of 2022. This Commercial Division has verified the vakalatnama and all the three aforementioned counsel before this Commercial Division confirm that the captioned application has been taken out by Mr.APraveen Kumar on behalf of Ms.Shoba Agarwal (wife of Mr.Pankaj Agarwal) whereas the Judge's summons says that it has been taken out by Mr.T.Sivaraman and two others and that affidavit of one Dharmender B. Singh is used in support of the same. In the Judge's summons in prayer limb (b) there is an overwriting. A scanned reproduction of this Judge's summon is as follows:

10. Therefore, it is made clear that the date of attachment (that is now being lifted vide clause 5 of said MOC) is 26.10.2021.

11. A scanned reproduction of said MOC (together with docket)

dated 17.10.2022 alluded to supra is as follows:

12. All the aforementioned learned counsel before this Commercial Division, adverting to said MOC submit that the same was signed in the presence of each other and on that basis, seek dispensing with the presence of parties for recording memo of compromise. Considering the nature of the matter and the fact that it has been recorded before TNMCC, this request is acceded to.

13. Clause 7 of said MOC reads as follows:

'