THIRUMURUGA KIRUPANANDA VARIYAR Vs. SAHU TRUST

JUDGEMENT

(1.) C.R.P.PD.No.2433 of 2007:This Civil Revision Petition is filed against the Order dated 12.06.2007 passed in I.A.No.490 of 2006 in O.S.No.267 of 2006 on the file of the Principal Subordinate Judge, Salem.C.R.P.PD.No.2767 of 2007:This Civil Revision Petition is filed against the Order dated 06.08.2007 passed by the I Additional District Munsif, Salem, dismissing the suit in O.S.No.754 of 2007.

(2.) AS the parties and the issues involved are one and the same, a common order is being passed to dispose of the petitions.

(3.) THE case of the revision petitioner in O.S.No.267 of 2006 is that, the revision petitioner/plaintiff is running a Dental College in Bhubaneswar in the Orissa State by name "Vinayaka Visions Lord Jagannath Institute of Dental Science and Research". THE plaintiff decided to transfer the control and management of the Dental College and the first defendant/first respondent Trust was willing to undertake the same and run the Institute. Both the revision petitioner and the respondent herein entered into a Memorandum of Agreement on 26.7.2000. But, disputes arose between the parties and therefore, by mutual discussions, the revision petitioner/plaintiff decided to hand over the College to the defendants/respondents to run the same by issuing a Letter of Authorisation dated 10.11.2000. Again, further differences crept in between the parties and therefore, the letter of authorisation was revoked by the revision petitioner/plaintiff by issuing a public notice dated 15.11.2000. This resulted in the defendants/ respondents herein filed an arbitration case under sEc.9 of the Act before "Khurdha Court" and they also obtained an order of injunction. THE defendants/respondents herein also filed ICC Case No.829/2005 against the revision petitioner/plaintiff before the Sub Divisional Judicial Magistrate, Bhubaneswar. THEreafter, the parties decided to settle the differences and accordingly, the earlier Memorandum of Understanding dated 26.7.2000 was cancelled and a new agreement was entered into between the parties on 13.9.2006 and 14.9.2006. As per the agreement dated 13.9.2006, it was agreed to between the parties as follows:(i) THE total amount agreed to be paid to the defendants by the plaintiff was Rs.3.75 Crores.(ii) THE defendants must pay out of the 3.75 Crores, a sum of Rs.1.00 Crore towards the liabilities to the government of Orissa in respect of 40 acres of land allotted on lease to the plaintiff.(iii) THE plaintiff must transfer 7 acres of land out of 40 acres as 33 acres were already remitted to the government.(iv) It is the sole responsibility of the defendants to get a clearance from the government in respect of 7 acres of leasehold properties.(v) Out of the 3.75 crores to be paid Rs.1.00 crore is to be paid by way of DD and 5 DDs were purchased in the name of the first defendant Trust Rs.1.00 crore was reserved for the payment to be levied by the government. Rs.1.75 crores have to be paid by way of 10 post dated cheques each of which is for Rs.17.5 lakhs and the same is morefully described in teh schedule hereunder to this suit as the same is the subject matter of the suit.(vi) Simultaneously, the defendants must withdraw the criminal case ICC 829/2005, before the Senior Divisional Judicial Magistrate. THE defendants must also withdraw the Arbitration case 239/2003 pending before the District Judge, Kurdha. On withdrawal of the above cases, the 10 post dated cheques, each of which is for Rs.17.5 lakhs, shall be handed over to the defendants.(vii)Within 15 days, from 13.9.2006 the defendant must make arrangements with the government and obtain necessary notice of demand for the cess.