Disposed

M/S Peerless General Finance and Investment Co.Ltd v. E.Suma Divine

Kerala HC10 Oct 2019RFA/252/2003

Case brief

AI extract

What is this about?

The Court noted that both parties attended mediation and settled the issues. The memorandum of agreement was signed and countersigned by counsel. Consequently, the Regular First Appeal was disposed of based on the settlement terms, with the appellant entitled to a court fee refund.

What did the court decide?

The Regular First Appeal is disposed of in terms of the mediation settlement memorandum. The appellant is entitled to a court fee refund.

M/S Peerless General Finance and Investment… — Contract and Commercial Disputes | Kerala HC (2019)

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RFA.No.252 OF 2003

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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RFA.No.252 OF 2003

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AGAINST THE JUDGMENT AND DECREE IN OS 394/1998 DATED 31-03-2003 OF ADDITIONAL SUB COURT, NORTH PARAVUR

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APPELLANTS/DEFENDANTS 1 & 2:

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1 M/S.THE PEERLESS GENERAL FINANCE AND INVESTMENT CO.LTD, PEERLESS BHAVAN, 3 ESPLANADE EAST, CALCUTTA- 700069, REP BY ITS MANAGING DIRECTOR

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2 THE ADMINISTRATIVE OFFICER, DEVELOPMENT OFFICE, THE PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD, 1 CHOWRANGHEE SQUARE, CALCUTTA- 700069

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BY ADVS. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL

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RESPONDENTS/PLAINTIFF & DEFENDANT NO.3:

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1 E.SUMA DIVINE AGED 39, D/O JANAKI, KATTAKAYATH MYALIL HOUSE, ASOKAPURAM KARA, ALWAYE VILLAGE.

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2 M.J ANTONY S/O JOSEPH, AGED 39 YRS, SENIOR INSPECTOR, VIITH GRADE, PRESENTLY R/AT CHOOLAPARAMBIL HOUSE, ASOKAPURAM KARA, ALWAYE VILLAGE.

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R1 BY ADV. SRI.SHIJU VARGHESE R1 BY ADV. SRI.JEEMON K.ABRAHAM

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THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RFA.No.252 OF 2003

JUDGMENT

Dated this the 10th day of October 2019

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Both parties to the first appeal have attended the mediation process as directed by this Court. The matter was mediated and the issues were settled. The memorandum of agreement under Section 89 of the Code of Civil Procedure r/w Rules 24 and 25 of the Civil Procedure (Alternative dispute Resolution) Rules, 2008 is incorporated alongwith the report of mediation. Both parties to the mediation have signed and their signatures have been counter signed by the respective counsel. In that event of the matter, since the issues have been settled by the parties at mediation as per the terms agreed to by them in the memorandum of agreement, there is no need for keeping the first appeal before this Court.

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In the result, the Regular First Appeal is disposed of in accordance with the terms arrived at by the parties and entered in the memorandum of agreement. The appellant is entitled to get the court fee refunded to him. The respondent shall file an application for getting the order of attachment lifted by filing an application before the Additional Sub court, North Paravur. The memorandum of settlement shall form part of the judgment.

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Sd/- MARY JOSEPH JUDGE

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M/S Peerless General Finance and Investment Co.Ltd v. E.Suma Divine

Case brief

What is this about?

What did the court decide?

M/S Peerless General Finance and Investment Co.Ltd v. E.Suma Divine

Case brief

What is this about?

What did the court decide?

What the court decided

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