Supreme Court - Daily Orders
M/S Ruby Enterprises (P) Ltd vs Malabar Htel Mang. & Cat. P. Trust on 28 February, 2014
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ITEM NO.61 COURT NO.2 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).35549/2013
(From the judgement and order dated 21/10/2013 in OP No.3135/2013 of The
HIGH COURT OF KERALA AT ERNAKULAM)
M/S RUBY ENTERPRISES (P) LTD Petitioner(s)
VERSUS
MALABAR HTEL MANG. & CAT. P. TRUST & ANR Respondent(s)
(With prayer for interim relief and office report )
Date: 28/02/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. V. Giri, Sr. Adv.
Mr. Mohammed Sadique, Adv.
Mr. Nishe Rajen Shonker,Adv.
For Respondent(s) Mr. Faisal M. Aboobeeker, Adv.
Mr. Abhijit Sengupta, Adv.
UPON hearing counsel the Court made the following
O R D E R
By order dated 21.11.2013, the matter was referred to the Kerala State Mediation & Conciliation Centre, Kochi (for short "the Centre").
2. A report has been received from Centre. We find from the said report that with the efforts of Mr. Swamidasan K.N., Advocate- Mediator, the parties have been able to settle their disputes amicably. The terms of the settlement have been reduced into writing and read as under:
1. Mr. N.K. Muhammed personally shall pay a sum of RS. 5,00,00,000/- (Five Crores only) to his brother Mr. N.K. Ibrahimkutty and his wife Safiya M.A. on or before
03.08.2014. In default Mr. N.K. Ibrahimkutty and Safiya M.A. shall be entitled to recover the amount with 6% interest per annum from 04.08.2014 onwards.
2. Mr. N.K. Ibrahimkutty and his wife Safiya M.A. shall return back the share certificates of M/s. Greeshmam Resorts (P) Ltd. to Mr. N.K. Muhammed on the receipt of the above said amount.
3. The above said amount of Rs. 5,00,00,000/- includes the loan amount returnable by Malabar Hotel Management and Catering Promotion Trust to the above said N.K. Ibrahimkutty, Safiya M.A. and their daughter Rubina Ibrahim.
4. The plaint schedule buildings in O.S. No. 89 of 2013 of Munsiff Court, Kelpetta shall be vacated by defendants in the suit and vacant possession of the said buildings shall be handed over to plaintiff on proper acknowledgment by the plaintiff on or before 15.4.2014.
5. Mr. N.K. Ibrahimkutty and Safiya M.A. shall withdraw case No. CP/104/2010 pending before the Company Law Board, Additional Principal Bench at Chennai on or before 31.3.2014.
6. The above said O.S. No. 89/2013 is now returned for presentation before Sub Court at Battery on pecuniary jurisdiction ground and both parties in the above suit shall appear in the suit at Sub Court Battery and may request the court for referring the matter to a mediation Centre/Adalath Centre for settlement.
7. All criminal cases lodged by both parties shall be compounded or otherwise settled at the earliest.
8 Since the entire civil, criminal and other matters are settled, both parties shall execute necessary documents for withdrawal or cancellation of complaints before proper authorities.
3. We are informed that the settlement is voluntary and has not been influenced by any extraneous consideration or reason.
4. Having regard to the above, we accept the settlement entered into between the parties and dispose of the special leave petition in terms thereof.
|(Pardeep Kumar) | |(Renu Diwan) | |AR-cum-PS | |Court Master |