VISHAL KOTHARI, carrying on business under the nam vs G.Geetha Lakshmi

CS No. 707 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CS No. 707 of 2019
CNR: {HCMA011604512019}
VISHAL KOTHARI, carrying on business under
the name and style of Nirman Finance and
Investment Co., No.39, Thambu Samy Road,
Chennai 600 010.
..Plaintiff
Vs
1. G.Geetha Lakshmi
2. G.Divya
3. G.Surekha
(Defendants 1 to 3 are residing at No.33, 5th
Cross Street, Srinivasa Nagar, Chitlapakkam,
Chennai 600 064.
4. K.Selvarani,
No.32, Gandhi Street, Chitlapakkam,
Chennai 600 064.
..Defendants
PRAYER : Plaint filed under Order IV Rule 1 and Order XXXVII Rule 1 of the
Original Side Rules, prays for the Judgment and Decree as follows:
(a) To pass a preliminary decree as against the 1st and 4th defendants that
1st defendant personally and and also as guarantor to pay from and out of the
estate of the late K.Gunasekaran in her hands 2nd and 3rd defendants, from and
out of the estate of the late K.Gunasekaran in their hands and 4th defendant
Guarantor to pay to the plaintiff the sum of Rs.1,51,25,000/- together with
interest on Rs.1,25,00,000/- at 18% per annum from the date of plaint till
realisation or till such time and date as may be fixed by this Hon’ble Court.
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CS No. 707 of 2019
(Amended as per order dated 08.11.2022 in Application No.3590 of 2022)
(b) that in default of such payment within such time, the mortgaged
property, property measuring 24 cents in Survey No.87/3 in Madambakkam
Village, Tambaram Taluk, Kancheepuram District more fully described in the
schedule hereunder, be directed to be sold and the net sale proceeds be applied
in satisfaction of the decree;
(c) that should there be any deficiency, the defendant be directed to pay
such deficiency to the plaintiff;
(d) that the defendants be decreed to pay to the plaintiff the costs of the
suit;
For Plaintiff: Mr. T.Srikanth
For Defendants: Mr. A.R.Sakthivel
JUDGMENT
The parties were referred to the Mediation Centre and by settlement
agreement dated 30.10.2026, the parties have reached a settlement, which has
been reduced into writing under the said settlement agreement dated
30.10.2026. The original settlement agreement has been placed before me for
approval. Learned counsel for the parties are present and they have also
affirmed the settlement reached between the parties. The authorised
representative of the defendants is present through video-conferencing as well.
The settlement agreement dated 30.10.2026 is scanned and reproduced
hereunder for ready reference:
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CS No. 707 of 2019
P.B.BALAJI, J.
KJ
2. In the light of the above, the suit is decreed in terms of the settlement
agreement dated 30.10.2026. The settlement agreement dated 30.10.2026 shall
form part and parcel of the decree. In terms of the settlement agreement, Exs.P2
and P11 shall be returned by the Registry to the learned counsel for the plaintiff
on substitution of the said documents with certified copies. No costs.
05-11-2026
KJ
Note: Issue copy by 13.11.2026.
CS No. 707 of 2019
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