Kerala High Court
M/S. Infra Housing Pvt Ltd vs Mrs Navia Sebastian on 13 March, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
RFA.No.184 OF 2016
AGAINST THE JUDGMENT AND DECREE IN OS 417/2011 DATED 31-10-2014 OF
THE I ADDITIONAL SUB COURT,ERNAKULAM
APPELLANT/DEFENDANT:
M/S. INFRA HOUSING PVT LTD,
1ST FLOOR, C.L.S.BUILDING,
M.G.ROAD, ERNAKULAM, PIN - 682 011,
REP. BY ITS DIRECTOR, SRI.GEORGE E.GEORGE.
BY ADVS.
SRI.GEORGE CHERIAN KARIPPARAMBIL
SRI.RAJESH CHERIAN KARIPPARAMBIL
RESPONDENT/PLAINTIFF:
MRS NAVIA SEBASTIAN, AGED 41 YEARS
W/O.LALU FRANCIS, THOTTAM HOUSE,
UDAYA ROAD, THYKUNDAM, VYTTILA,
KOCHI - 19, NOW RESIDING AT 4A,
NOEL TOUCH STONE, VAZHAKALA,
THRIKKAKARA P.O., KOCHI - 21.
R1 BY ADV. SMT.ASHA BABU
R1 BY ADV. SMT.R.S.ASWINI SANKAR
R1 BY ADV. SRI.S.M.PRASANTH
R1 BY ADV. SRI.K.RAMAKUMAR SR.
R1 BY ADV. SRI.T.RAMPRASAD UNNI
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA 184/16
2
JUDGMENT
When this matter was taken up today, the learned counsel for the parties are ad idem that the disputes between their clients have been settled out of Court under the aegis of the Mediation Centre, High Court.
2. I notice from the records that the Memorandum of Agreement between the parties has been placed on record by the Mediator, along with his report dated 12.03.2020, wherein, the appellant has agreed to deposit an amount of Rs.24 Lakhs in full and final settlement of the amounts payable to the respondent, with a specific agreement between the parties that this amount can be obtained by the respondent/plaintiff. I also notice that the respondent has recorded his No Objection to lift attachment over the plaint schedule property in EP No.232/2017, on receiving the afore amount; to facilitate RFA 184/16 3 which, a No Objection Certificate from the claim petitioner-M/s Infra Housing Private Ltd has also been stipulated to be issued.
3. In view of the above and since the Memorandum of Agreement has been signed by all parties as also by their learned counsel, I see no reason not to accept it.
In the afore circumstances, this appeal is ordered in terms of the Memorandum of Agreement between the parties dated 06.03.2020, a copy of which will stand appended to this judgment; with a direction to them to act as per its terms implicitly.
The Registry is directed to refund the full Court Fee paid on the Memorandum to the appellant as per usual procedure.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
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BEFORE TIIE HON'BLE HIGH COURT 0F KERALA AT ERNAKULAn¢ RFANo.184 0F 2016 M/s Infra Housing Pvt. Ltd : Petitioner Vs. Navia Sebastian : Respondent 89 0F THE CODE p_ME¥9Eap_R_.Tpr_9i±G_¥.E_ngT.upT¥^spfTIoh¥ OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF TIIE KERALA CIVIL PROCEDURE (MEDIATI0N1. RULES_. 2008
1. Both the parties hereby agree to settle the dispute by the appellant/defendant paying the respondent/plaintiff an amount of Rs. 24,00,000/- (Rupees Twenty • Four Lakhs only) towards full and final settlement of amounts payable against all issues related to RFA no. 184/2016 pending before the Hon'ble High court of Kerala. ` The respondent/plaintiff has the right to release an amount of Rs. 24,00,000/- from the amount deposited by the claim petitioner in EP No. 232/2017, before the Hon'ble Sub Court, Ernakulam towards the fun and final settlement of the decree .debt in O.S No. 417/2011 before the Hon'ble Sub Court, Ernakulam. The respondent/ plaintiff have no objection to release the balance amount (after deduction of agreed amount of Rs. 24.,00,000/- (Rupees Twenty Four Lalchs only) from the amount which was deposited by the claim petitioner before Hon'ble .sub-court, Ernakulam in EP 232/2017.
3. The respondent/plaintiff has no objection to lift the attachment over the chedule pro'perty in EP ?.32/2017 on receipt of the agreed amount of Rs. 0,000/- (Rupees Twenty Four Lakhs only). l'.IHcO„ For !nfra Housing Pv.I.:a LtcL
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4. The full amount of Court fee may be refunded to the appellant/ defendant in RFA No. 184/2016.
5. The appellant/defendant shall obtain a No Objection Certificate from the Claim. • Petitioner, M/s Nippon-Infra Project Private Limited, for release of the agreed settlement amount of Rs. 24,00,000/- (Rupees Twenty four Lakhs only) to the respondent/plaintiff.
o 6. AIl parties (Appellant/Defendant, 'Claim petitioner and Respondent/PlaintifD hereby agree that upon settlement of the agreed amounts by the Hon'ble court as the above clauses are completed, no further litigation shall be filed as individual or companies represented by them on the above subject in any court Dated this the 06th clay of March, 2020 For !nfra Housing Pvto triEdo ctc<E--- _---I:i-=---
n IVs Infra Housing:P#°.r Ltd Navia Sebastian Rep. by its Director George E George Respondent/ Plaintiff Appellant/ Defendant #6`03(20cO Raj esh Cherian Karippaparambil R.S. Aswini Shankar Counsel for Appellant/ Defendant Counsel for Respondent/ Plaintiff =13o,/,q8s- k.333(&o(3 ® ERNAKULAM MEDIATION CENTRE + tHIGH cOuRT HArij \m\9\/I n9 floor. above J E= (_, I:Mf rFkyfr&RTo..33f=| /~ I / rJrfu./ho/2refro l From I i The Nodal officer, HighcourtMediationcentre.
ITo TheRegistrar(Judicial),..
High Court of Kerala, Emak,ulam Sir, Sub:-Mediation of referred cases-Reg. Ref:-Referral Order in... •/.gfy •/4g dated....2j€./i7/lrtB.:2r?.oftheHon'bleHighcoultofKerala.
*** The report of the Mediator in the matter along with the enclosures is furnished herewith for information and necessary action. •}-ciLfs Nodal Officer Emakulam Mediation Centre End:- 1. Report of the Mediator, Settlement Agreement.
2.C!nyMofrrfindrndndrnd.....9y4.#}. *.of the High Court of Kerala.
3. Copy of Petition.
BEFORETHEHONOURABLEHIGHCOURT0F KERALAATERNAKULAM RFANo.184 0F 2016 Appellant M/s lnfra Housing Pvt. Ltd Vs. : Respondent a Navia Sebastian Mediated, mattei. is settled. Terms and conditions are attached herewith.
Datedthisthe/2#yofMarch,2020. rt T EEEEEEEEEE uresh Mediator Ernakulam Mediation Centre