Disposed

M.L.Thilikan v. Sakthan Kuries and Loans Pvt.Ltd.

Kerala HC30 Oct 2017FAO/142/2017

Case brief

AI extract

What is this about?

This is an appeal against orders dismissing applications to set aside an ex-parte decree. The First Appeal Court disposed of the matter as settled out of court following a memorandum of settlement agreement dated 24.10.2017, wherein the appellant agreed to pay the respondent Rs.6,00,000 with interest.

What did the court decide?

The appeal is disposed of as settled out of court based on the settlement agreement between the parties.

M.L.Thilikan Vs Sakthan Kuries and Loans… — Contract and Commercial Disputes | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN &

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939

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FAO.No. 142 of 2017 ()

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IA NO.5958/2015 & IA NO. 5959/2015 IN OS 749/2005 OF PRINCIPAL SUB COURT, THRISSUR

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APPELLANT/PETITIONER /1ST DEFENDANT.:

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M.L.THILIKAN

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S/O. LEKSMANAN, MATTATHUPARAMBIL, THUMBOLY, ARYAD SOUTH VILLAGE, ALAPPUZHA, PIN.

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BY ADVS.SRI.DARSAN SOMANATH SRI.S.R.SHAN RUSSAL

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RESPONDENT/PLAINTIFF.:

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SAKTHAN KURIES AND LOANS PVT.LTD. THRISSUR TOWN, CHEMBUKAVU VILLAGE, REP. BY ITS CHAIRMAN, PIN

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BY ADV. SRI. G.SREEKUMAR CHELUR (B/O) BY ADV. SRI.G.SREEKUMAR (CHELUR)

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THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 30-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.N. RAVINDRAN & DEVAN RAMACHANDRAN, JJ

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F.A.O No. 142 of 2017

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- - - - Dated this the 30^th day of October, 2017

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JUDGMENT

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P.N. RAVINDRAN, J.

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This appeal arises from the orders passed by the Court of the Principal Subordinate Judge of Thrissur on 21.03.2017 dismissing I.A.Nos.5958 and 5959 of 2015 in O.S.No.749 of 2005. By the order passed on I.A.No.5958 of 2015, the court below declined to condone the delay of 3090 days in filing I.A.No.5959 of 2015, an application filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure to set aside the ex-parte decree passed in the suit way back on 17.7.2007.

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After this appeal was admitted and parties entered appearance, mediation talks were held. In the mediation talks, the dispute between the parties were settled out of court. A memorandum of settlement agreement dated 24.10.2017 has also been entered into. It is stated that the appellant has agreed to pay and the respondent has agreed to receive the sum of Rs.6,00,000/(Rupees six lakhs only) with interest thereon at the rate of 6% per annum from 24.10.2017, within a period of eight months, towards full and final settlement of the respondent's claim in O.S.No.749 of 2005 on the file of the Sub Court, Thrissur. It is stated that on receipt of the said sum, the respondent/plaintiff will withdraw

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F.A.O No. 142 of 2017

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-2-

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O.S.No.552 of 2005 presently pending in Munsiff Court, Cherthala as also E.P.No.75 of 2013 filed in O.S.No.749 of 2005 on the file of the Sub Court, Cherthala. The settlement agreement also contains various other stipulations.

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In the light of the settlement agreement dated 24.10.2017, this appeal is disposed of as settled out of court. In the event of default on the part of the appellant to pay the sum of Rs.6,00,000/-(Rupees six lakhs only) together with interest, within the period stipulated in the settlement agreement, the consequences mentioned in paragraph 6 of the settlement agreement shall follow.

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Sd/- P.N. RAVINDRAN, JUDGE

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sd/DEVAN RAMACHANDRAN, JUDGE

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M.L.Thilikan v. Sakthan Kuries and Loans Pvt.Ltd.

Case brief

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M.L.Thilikan v. Sakthan Kuries and Loans Pvt.Ltd.

Case brief

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