IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :23.11.2021

Coram:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

Civil Suit No.714 of 2019

(Comm.Suit)

M/s.Drasis Software Solutions Private Limited

Rep.by ts Director M.B.Abdul Aziz

Having its registered office at embassy towers

55/8 Montieth Road

Egmore 600 008.

.. Plaintiff

/versus/

Mrs.Nilofer

W/o.Mr.Suhai basha

No.3/5, 8^th Cross Lakshmi Road

Shanthi Nagar

Bangalore 560027.

..Defendant

Prayer: Civil Suit has been filed under Order VII Rule 1 C.P.C. Read

with Order IV Rule 1 of O.S.Rules & Provision 1 to Section 7 of

Commercial Courts, Commercial Division and Commercial Appellate

Division of High Courts Act, 2015, praying to grant judgment and the

decree in favour of the plaintiff:

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(A) Directing the defendant to pay the plaintiff a sum of

Rs.21,20,000/- [Rupees Twenty one lakh Twenty thousand only] being

the expenses incurred on developing the infrastructure for the

business and advance amount along with interest at the rate of 24%

per annum till the date of realization.

(B) Directing the defendant to pay 1,00,44,514/- [One Crore

Forty Four Thoudand Five Hundred and fourteen only] as compensation

for the loss of good will of the company and the mental agony caused

due to sudden closure of business.

(C)Order cost of the suit.

(D)Grant decree.

For Plaintiff

:M/s.C.Sangamithirai

For Defendants

: Mr.Mohammed Fazaz Ali

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J U D G M E N T

This suit was filed seeking for the relief of damages and other

consequential relief's

2.When the case was pending, taking into consideration the

nature of grievance that was expressed by the plaintiff, this Court

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directed both the parties to be present in order to attempt for a

settlement between the parties. Both the parties came before this

Court on 18.11.2021. This Court spoke with both the parties and

suggested a settlement. The matter was thereafter posted for hearing

on 22.11.2021.

3.When the matter was again taken up for hearing on

22.11.2021, this Court once again implored both the parties to settle

the dispute amicably. Both the parties after some deliberations,

agreed to settle the dispute and sought for sometime to file a memo

of compromise before this Court.

4.When the matter was taken up for hearing today, the memo of

compromise was filed and the same has been signed by both the

parties and their respective counsel. The terms of the memo of

compromise are extracted hereunder:

1.The Defendant pays to the Plaintiff a sum of

Rs.10,00,000/- [Rupees Ten Lakhs Only] by way of

demand drafts both favouring the Plaintiff 'Drasis

Software Solutions (P) Ltd' as follows.

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a.D.D dated 20.11.2021 for a sum of Rs.5,00,000/-

[Rupees Five Lakhs Only] drawn on HDFC Bank bearing

No.”004242”.

b.DD dated 22.11.2021 for a sum of Rs.5,00,000/-

[Rupees Five lakhs Only] drawn on HDFC Bank bearing

No.'017270'.

2.The Plaintiff hereby accepts the aforesaid

Demand Drafts as full and final settlement towards all

disputes pertaining the present suit and agrees for

withdrawal of the suit forthwith in terms of the

memorandum of compromise.

3.That the Plaintiff and the Defendant do not

have any claims whatsoever as against each other and

shall not initiate claim against each other in future in

respect to the dispute pertaining the present suit.

4.That the Plaintiff hereby agrees to withdraw CC

No.28 of 2021 pending on the file of II Metropolitan

Magistrate, Egmore filed as against the Defendant on

the next hearing date i.e., on 17.12.2021.

5.The Plaintiff has handed over the keys of the

leased premises to the Defendant and the Defendant

acknowledges receipt of the same.

6.The Plaintiff has already vacated the leased

propery and it does not have any articles or belongings

at the l