J RADHA Vs. FEDERAL BANK LTD

JUDGEMENT

(1.) THE appellants are the defendants 2 and 3 in the suit in O.S.No.8421 of 1998 and the second respondent herein is the first defendant therein. THE first respondent, who is the plaintiff in the suit, had filed the suit for recovery of a sum of Rs.6,26,267/- together with interest at the rate of 24% per annum from the date of the plaint till the date of realisation. But the suit was decreed only for Rs.4,00,000/-. During the time of trial, the second respondent herein (D1 in the suit) remained exparte. Now, the appellants and the first respondent have entered into a compromise and to that effect they have filed a joint memorandum of compromise.

(2.) IN sofar as the second respondent is concerned, since he remained exparte in the suit, the learned counsel for the appellants has made an endorsement saying that the second respondent might be given up. Accordingly, the second respondent is given up.

(3.) IT is brought to the notice of this Court that the fixed deposit receipt bearing No.800770 for Rs.2,18,792/- stands in the name of the Registrar General, Madras High Court and that a direction be issued to the Registrar General to pay the said amount by way of cheque in the name of the first respondent.