Kerala High Court
M/S.Phillips Carbon Black Ltd vs Wintech Rubber Industries on 18 June, 2007
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935
RFA.No. 98 of 2008 ( )
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(AGAINST THE ORDER/JUDGMENT IN OS 711/2003 of II ADDL.SUB
COURT,ERNAKULAM DATED 18-06-2007)
APPELLANT(S)/APPELLANTS:
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1. M/S.PHILLIPS CARBON BLACK LTD.,
A REGISTERED COMPANY WITH ITS REGISTERED OFFICE
AT 31, NETHAJI SUBASH ROAD, CALCUTTA 700 001, HAVING ITS
BRANCHES AT VARIOUS PLACES INCLUDING A BRANCH OFFICE
AT VARIOUS PLACVES INCLUDING A BRANCH OFFICE AT
28/93 A, 2ND FLOOR,
DR.K.C.JOSE DENTAL CLINIC, PANAMPILLY NAGAR,
COCHIN - 682 036,
REP.BY ITS POWER OF ATTORNEY HOLDER
SHRI.SANTHOSH KUMAR P, AGED 35,
S/O. LATE K.PURUSHOTHAMAN NAIR, NOW RESIDING AT
NEELIMA, EAST KADUNGALOOR, U.C.COLLEGE P.O.
PIN 683 102.
2. A.V.THOMAS & CO.LTD,P.O.BOX NO.520,
BRISTOW ROAD, WILLINGTON ISLAND, COCHIN- 682 003
REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE
SHRI.SURESH A, SENIOR EXECUTIVE, CARBON BLACK, A.V.T
& CO.LTD,-DO- D0- S/O.K.AYYAPPAN NAIR,
PANTHIYILMADOM, POONITHURA P.O. COCHIN - 17.
BY ADV. SRI.DINESH R.SHENOY
RESPONDENT(S)DEFENDANTS::
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1. WINTECH RUBBER INDUSTRIES,
A REGISTERED PARTNERSHIP FIRM WITH REGISTERED
OFFICE AT 8/297 A, KARUKULAM, VILANGU P.O.
ERNAKULAM 683 561, REP. BY ITS
MANAGING DIRECTOR SHRI.V.M.HASSAN, S/O.MOHAMMED 8/297-A1
KARUKULAM, VILANGU PO, ERNAKULAM -683 561
2. SHRI.V.M.HASSAN, S/O.MOHAMMED
8/297 AI KARUKULAM, VILANGU PO, ERNAKULAM 683 561
R, BY ADV. SRI.PHILIP T.VARGHESE
R, BY ADV. SRI.THOMAS T.VARGHESE
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28-
11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN &
BABU MATHEW P. JOSEPH, JJ.
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R.F.A No. 98 of 2008
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Dated this the 28th day of November, 2013
JUDGMENT
Thottathil B.Radhakrishnan,J.
Mediation Settlement Agreement dated 22/11/2013 is recorded. The decree impugned in this appeal will stand modified in terms of that settlement. Appeal is ordered in terms of the Mediation Settlement Agreement. This judgment along with the said Mediation Settlement Agreement will be treated as decree for intents and purposes. Drafting of separate decree is dispensed with. Refund the Court fee paid on the appeal to the learned counsel for the appellants. Attachment effected in O.S. No. 711/2003 will stand governed by clause '3' of the Mediation Settlement Agreement.
Appeal ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge.
Sd/-
BABU MATHEW P.JOSEPH Judge.
Dpk. /True copy/ PS to Judge.