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2008 Supreme(Mad) 3623

M.JEYAPAUL
Cambridge Solutions Ltd. – Appellant
Versus
Global Software Ltd & Others – Respondent


Advocates Appeared:
For the Petitioner:M. abir, R. Sasidharan, Advocates.
For the Respondents:R1, A. Somayaji, Senior Counsel, R2, Satish Parasaran, Advocate, R. Krishnamoorthy, Senior Counsel, T.S. Gopalan & Co.

Judgment :

The first defendant M/s.Cambridge Solutions Limited formerly known as M/s.Scandent Solutions Corporation Limited filed this application seeking rejection of the plaint invoking the provision under Order VII Rule 11 of the Code of Civil Procedure.

.2. The applicant/first defendant would contend that the applicant was to pay Rupees 15 crores to the third respondent M/s.DSQ Software Limited on account of the terms of certain assignment. The said consideration was by way of issuing 15 lakh debentures at Rs.100/= each. The applicant and the third respondent also entered into an agreement on 8. 2008. It transpires that the second respondent instituted O.A.No.505 of 2002 on the file of the fourth respondent for the recovery of Rs.6,65,75,390/=. A joint compromise memo dated 21st March 2003 was filed before the fourth respondent. The liability of the third respondent was fixed at Rs.5,31,55,000/=. The second respondent agreed to receive the same in full and final settlement of its claim. In terms of the said compromise, the third respondent was to deliver 2,75,000/= debentures of the applicant to the second respondent. The third respondent defaulted in complying with the terms o


















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