Kerala High Court
Balkees Beevi vs Athirampuzha Regional Service ... on 9 June, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:40365
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 10807 OF 2025
PETITIONERS:
1 BALKEES BEEVI
AGED 62 YEARS, NEDUVELIPEEDIKAYIL HOUSE,
ATHIRAMPUZHA P.O, KOTTAYAM,, PIN - 686562
2 RAHIM IQUBAL
AGED 65 YEARS,NEDUVELIPEEDIKAYIL HOUSE, ATHIRAMPUZHA
P.O, KOTTAYAM,, PIN - 686562
BY ADVS.
SHRI.ABHILASH MURALEEDHARAN
SHRI.ELDHOSE JOY
SHRI.JIS JOHN SEBASTIAN
SHRI.SREEKARTHIK K.
RESPONDENTS:
1 ATHIRAMPUZHA REGIONAL SERVICE CO-OPERATIVE BANK
KOTTAYAM
REP BY ITS SCERETARY THE ATHIRAMPUZHA REGIONAL
SERVICE CO-OPERATIVE BANK KOTTAYAM , NEAR MARKET JN
ATHIRAMPUZHA, KOTTAYAM, PIN - 686562
2 THE AUTHORIZED OFFICER, ATHIRAMPUZHA REGIONAL SERVICE
CO-OPERATIVE BANK KOTTAYAM
NEAR MARKET JN, ATHIRAMPUZHA, KOTTAYAM, PIN - 686562
3 ARBITRATION AND EXECUTION INSPECTOR
OFFICE OF THE ASSISTANT REGISTAR CO OPERATIVE SOCIETY
KOTTAYM,COLLECTORATE BUILDING, K K ROAD, KOTTAYAM -
KUMILY RD, COLLECTORATE, KOTTAYAM, KERALA,
PIN - 686002
BY ADVS.
SRI.ABRAHAM GEORGE JACOB
SMT.SHAHNA
SHRI.M.R.ATHUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10807 OF 2025 2025:KER:40365
2
K.BABU, J.
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W.P.(C).No.10807 of 2025
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Dated this the 9th day of June, 2025
JUDGMENT
As per the order dated 08.04.2025, the parties were referred to mediation. A report has been submitted by the Mediator, District Mediation Centre, Kottayam. The memorandum of agreement is appended to the Report. It is stated in the memorandum that the disputes between the parties have been amicably settled. The terms arrived at between the parties are lawful.
Hence, this Writ Petition is disposed of recording the aforementioned agreement entered into between the parties. The memorandum of agreement attached to the report shall form part of this judgment.
Sd/-
K.BABU, JUDGE NM WP(C) NO. 10807 OF 2025 2025:KER:40365 3 APPENDIX OF WP(C) 10807/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 19/02/2025 ISSUED UNDER RULE 81(B) AND 81(C) OF KERALA COOPERATIVE SOCIETIES RULES ISSUED BY THE 3RD RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE LOAN APPLICATION FILED BY THE FIRST PETITIONER.
EXHIBIT R1(b) TRUE COY OF THE FORM FOR CREATING GEHAN SUBMITTED BY THE PETITIONERS. EXHIBIT R1(c) TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST PETITIONER DATED 26/07/2011. EXHIBIT R1(d) TRUE COPY OF THE LOAN APPLICATION SUBMITTED BY THE 2ND WRIT PETITIONER EXHIBIT R1(e) TRUE COPY OF THE FORM FOR CREATING GEHAN SUBMITTED BY PETITIONERS.
EXHIBIT R1(f) TRUE COPY OF THE VOUCHER ISSUED BY THE 2ND WRIT PETITIONER DATED 27/07/2011 . DAY 20125 DISTRCT MEDIATION CENTRE A.D.R Centre, Muttambalam, Kottayam, PIN- 686004 Email: mediationkottayamagmail.com Ph.0481-2572422 D. No. /2025/DMC/KTM Dated: 12-05-2025 From Praveen Kumar.G Centre Co-ordinator/ Civil District Mediation Centre Judge(Sr.Division) Kottayam To The Hon'ble Registrar(Judicial) High Court of Kerala Ernakulam. 682031.
Sir/Madam, Sub : District Mediation Centre: Kottayam -Mediation- Report in WP(C) 10807/2025(A) received from the Mediator- Forwarding of- reg. Ref:1.Order in WP(C) 10807/2025(A) dated 08.04.2025 of the Honourable High Court of Kerala.
2. Mediation Report in WP(C) 10807/2025(A) received from Mediator dated 06.05.2025.
As per the reference cited above I am forwarding herewith the Mediation report in WP(C) 10807/2025(A) received from Mediator dated 06.05.2025 for kind consideration and necessary action.
Yours faithfully Praveen Kumar.G Centre Co-ordinator/ Civil Judge(Sr.Division) BEFoRE THE hlGHCouRT of KEALA, ERNAKULAM Kesfpom deut : BalKees bee V, pikirprratue Serier C.&pern t u B a k ko faycn e port obono) Hed by District jie:iiation Centre, KotayaY! |Before te..H!GHCoURT OF KERAkAAT.ERN.6Uh RM.oa* (Case Nurnüer:.ke.cs.JesO7..26.R93..(4.... Memrandum of Agreene::t 1ly ier Sertiaa 89 of the Coie vf Civit Proc:ttie Tea8 wit1 Rzle 24 of the rivii ProresHe ÍAlternative Dispute 3ResoBut*1 ) Rules, 2038 PlaiwiffLAppellant Petitioner/ Defendant/ Respondent/ Aecused/ CamplaiAAt Deeree Holder De-facteetpBatnant tatgment Debto
1.BaK es BEEVr mpuzka hueReyonel ) Akira Co-opera ynel Buuk
2. Rahim I9,u bal. Seyee oHapam 3 Puzka SeYViee o-Dr? Bouik Arbitaten ud Ekeeuty
5. 5.3)5 6. 7 heparties above named beg to subn:it as l'oliows:
The above-said Suils, etitiqu/s, Appeal/s, CConpiaint were reterred to moiatiear iori resolviug, the dispute betyyeen he paries. hi the course of mediatiT, tÉ, ilavc resived sheir klispue and baye agreed tthe foilowing ens and cocliisas:
7he pettomess have preed to Se Ale K maher total omount ' gtalmen t a shown be low Fist nstolment os 3ooo0 Wit be Paid on 31-o08 Seeond BLATNOK. Jm Cese oß desau It ke Respendem* a e `oN908 ened to Sea lise ke ente amoum8 B ,48 729/ Fleven tko la k for EA. No.3773/22 ud ATHIRA tA: No 3774/22.' KBoup Coust Pettones. Respomdent ) Balkees Beevi' AIkira SVie Rabion Ipubal kumjumn M. DISTRICT MEDATION CENTRE KOTTAYAM Before Case Number: ...PE) ND .to.ge..B.22.A.2 FINAL MEDIATION ACCoUNTABILITY STATEMENT 1 Did the case ultimately setled Yes No
2. If Yes a.
Date of Settlement:....e- o5..20.25.... b.
Has the agreement reduce No
into writing? Yes
C.
Have any reiated cases been settied Yes NO
asa result
Please list case numbers
3. If no, what was primary reason for non-settement (select one) Case as deemedunfit for mediation, Why unfit?
b. Öne or more necessary parties never appeared:
Plaintiff Both Defendant
C. One or more necessary parties failed to appear for a follow-up
Plaintiff Both
Defendant
d. One or more parties could not obtain authority to negotiate
Plaintiff Both
Defendant
e. One or more parties appeared bUt refused to participate in mediation
Plaintiff Both
Defendant
terms
f Could not reach agreement on
Mediator's narme:.Azl.:kojauityehexia... Signature....
Date: 6.:...952o25..
2. In view of the aforesaid agreement enteredinto between the parties, the parties pray that the suit/s, peitions/s, Appeals/s be decreed/di_missed/disposed of in terms of the aforesaid agreement.
3. In view of the aforesaid agreement, the Plaintif/s, appellant/s pray/s for refund of the full institution Fee
4. Parties will appear on. Before the Hon'ble Court for passing Orders/Decree in terms of the above said agreement Plaintiff/s, Petitioner/s, Appetant/s, Defendant/s, Respondent/s, Aeused, Applicant/s, Cemplainant De-facte eompBaimant
1. alkees Beovi kginal |1. Bauk 2. 3 Rahion u bal 2. Seyvi ee Iollay cu
4. PeghaServie eo-operehveB :
4. 5.6. KodATHRAMPUZHARECSRA j6.
NO. 3806 CO-OP:
BANK LTQ.
SERVICE Advocate for Plaintiff/s, Petitioner/s, Advocate for Defendant's, Respoaent/s. Appellants, Applicant's, Complainant Accused, De-facto complainant SecYètary VERIFICATION We the parties above named, do hereby solemniy state and declare that what is contained in paragraphs 1 to ...4.... are true to the best of our knowledge.
(information and belief
Place: Muttambalam
Date: b- o5- 22S
Plaintiftls, Peitioner/s, AppeHant's, Defendant/s, Respondent/s, Aecused,
Applicant/s, Complainant De facto eompBainant
Balkeey Be
2) . Kumjumon.m-D.
cERVICHCO-0PE 3) Ab,ra kon aud Eeeu REGORSpet
w
a REGIONAL
SEA, ATHIRAMPUZHA
FOR THE CO-0P:BANK LTD. No. 3806 SERVICE No.3 H A ATHIRAy Secretary