High Court dismissed the writ petition as the parties settled the dispute via a mediated settlement agreement concerning non-return of title deeds deposited with KSFE.
Writ petition allowed based on a mediated settlement agreement; parties directed to honour the commitment made under the agreement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939
WP(C).No. 261 of 2018
PETITIONER(S):
K.R. PRASAD,
AGED 51 YEARS, S/O. RAGHAVAN, RESIDING AT VISHNU VIHAR, KADAPOORKARA, KANAKKARY VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.
BY ADV.SRI.P.M.HABEEB
RESPONDENT(S):
1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, CORPORATE OFFICE, 'BADRA' MUSEUM ROAD, THRISSUR, PIN-680020, REP. BY ITS GENERAL MANAGER.
2. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, KIDANGOOR BRANCH, KIDANGOOR, KOTTAYAM.
3. THE ASST. GENERAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGIONAL OFFICE, KOTTAYAM.
Sri. SALIL NARAYANAN K.A., SC, KSFE LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 261 of 2018 (G)
APPENDIX PETITIONER(S)' EXHIBITS: -----------------------
EXHIBIT P1 THE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE 3RD RESPONDENT DATED 30.6.2015. EXHIBIT P2 THE PHOTOCOPY OF THE LETTER DATED 12.4.2016 FROM THE FIRST RESPONDENT. EXHIBIT P3 THE PHOTOCOPY OF THE DEMAND NOTICE DATED 8.12.2017. EXHIBIT P4 THE PHOTOCOPY OF THE DEMAND NOTICE DATED 8.12.2017. RESPONDENTS EXHIBITS: NIL -------------------
//TRUE COPY//
P.A. TO JUDGE
dlk/28/2/
SHAJI P. CHALY, J.
W.P.(C). No.261 of 2018
Dated this the 28th day of February, 2018
JUDGMENT
The subject issue raised in this writ petition is with respect
to non-return of the title deeds deposited with the KSFE, consequential suit and other aspects. The matter was referred
for mediation and the parties have settled the matter in
accordance with a mediated settlement agreement. Therefore,
the writ petition is allowed in accordance with mediated settlement agreement. Parties are directed to honour the commitment made thereunder. Registry is directed to make the
mediated settlement agreement part of the judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/28/2/
1 issue framed by the court
Whether the writ petition regarding non-return of title deeds deposited with KSFE be allowed after mediation.
K.R. PRASAD
KERALA STATE FINANCIAL ENTERPRISES LIMITED, REP. BY ITS GENERAL MANAGER
THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, KIDANGOOR BRANCH
THE ASST. GENERAL MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGIONAL OFFICE, KOTTAYAM
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
