Disposed

Ratheesh Kumar @ Ratheesh v. State of Kerala

Kerala HC2 Aug 2022Crl.MC/807/2022

Case brief

AI extract

What is this about?

This writ petition challenging SARFAESI Act proceedings was disposed of on record of the submission that the parties had amicably settled their dispute via the High Court Mediation Centre, making further adjudication unnecessary.

What did the court decide?

Writ petition disposed of by recording the settlement agreement submitted by the Nodal Officer of the Ernakulam Mediation Centre.

Ratheesh Kumar @ Ratheesh Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2022)

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IN ThE Hlen cOuRT OF KERALA AT ERNAituLAM

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PRESENT

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THE HONOURABLE MR.JuSTICE I(. BABU

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WEDNESDAY, TllE 18" DAY 0F JANUARY 2®23 / 28TH POUSHA,

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1944

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WP(CI NO. 807 0F 2®22

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pETITlonER :

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THE GREAT INDIA TOUR COMPANY PVT. LTD NEW CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM-695033, KERALA, REPRESENTED BY ITS DIRECTOR, SAJEED SIRAJUDEEN. BY ADV K.PRAVEEN KUMAR

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RESPONDENTS :

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THE ICICI BANK LTD

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REPRESENTED BY ITS MANAGING DIRECTOR, ICICI BANK TOWERS, BANDRA-KURLA COMPLEX, MUMBAI400051 I

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THE REGIONAL MANAGER, ICICI BANK LTD., REGIONAL OFFICE, M.G.ROAD, PULIM00DU, THIRUVANANTHAPURAM-695001. THE AUTHORIZED OFFICER, ICICI BANK LTD., REGIONAL OFFICE, M.G.ROAD, PULIM00DU, THIRUVANANTHAPURAM-695001.

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OTHER PRESENT :

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PRADEESH CHACK0 FOR RESPONDENTS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 0N 18.01.2023, THE COURT 0N THE SAME DAY DELIVERED TH`E FOLLOWING:

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WP(C) «0. 807 0F 2®22

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•.2..

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IUDGMENT

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This writ petition is filed seeking the following

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reliefs:-

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(I) issue a writ of Certiorari or any other wit order or direction calling for the records leading to Ext.P3, P4, P6 and P7 and quash the originals of the same;

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(ii) declare that Ext.P6 and P7 proceedings issued under See.13(4) of the SARFAESI Act is illegal, since the same has been issued without answering Ext.P5 reply submitted by the petitioner;

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(iii)issue a writ of mandamus or any other appropriate writ, order or direction directing lst respondent to consider Ext.P8 representation;

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(iv) grant such other reliefs prayed for from time to time including cost of these proceedings.

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The parties were referred to mediation. A

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report has been submitted by the Nodal Officer,

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Ernakulam Mediation Centre stating that the matter has

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been settled. The memorandum of agreement is

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WP(C} «0` 8®7 0F 2®22

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•.3..

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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.

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Hence, this Writ Petition is disposed of, recording the aforementioned agreement entered into between the parties. The memorandum of agreement shall form part of this judgment.

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K. BABU, JUDGE

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kkj

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WP(C) tto` 8®7 0F 2®22.

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•.4..

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APPENDIX OF Wpf c1 807/2®22

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PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY 0F THE IN RESPECT 0F LO FOR RS.1.69 CROR	LOAN SANCTI0NING ORDER AN NO. LBCOC00002257039 ES DATED 25`11`2014.
Exhibit	P2	TRUE COPY 0F THE IN RESPECT 0F LOA 000©2257040 FOR R 12 .11. 2014 .	LOAN SANCTI0NING ORDER NS NO.LBCOC S.7.31 CRORES DATED
Exhibit	P3	TRUE COPY 0F THE 6.8.2021 IN RESPECT 00002257039 .	13(2) NOTICE DATED OF LOAN NO.LBCOC
Exhibit	P4	TRUE COPY 0F THE 22.7.2021 IN RESPE NO . LBCOC®00022570	13(2) NOTICE DATED CT 0F LOAN 4® .
Exhibit	P5	TRUE COPY 0F TH	E REPLY DATED 18,8.2021.
Exhibit	P6	TRUE COPY 0F THE THE SARFAESI ACT LOAN NO. LBCOC00	NOTICE U/S 13(4) OF DATED 17.12.2021 FOR 002257039.
Exhibit	P7	TRUE COPY 0F THE THE SARFAESI ACT LOAN NO. LBCOC 0	NOTICE u/S 13(4) OF DATED 17.12.2021 FOR 0002257040.
Exhibit	P8	TRUE COPY 0F THE BY THE PETITIONE	COMPOSITE REPLY SENT R DATED 18.12.2®21.
Exhibit	P9	TRUE COPY 0F THE THE PETITIONER T0 4 . 1 . 2022 .	REPRESENTATION SENT BY THE IST RESPONDENT 0N
Exhibit	Plo	TRUE COPY 0F THE DATED 4.1.2022 SEN	EMAIL COMMUNICATION T BY THE RESPONDENTS.

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ERNAKULAM MEDIATION CENTRE

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The Nodal Officer,
High Court Mediation Centre.
TO
The Registrar Uudicial)
High Court of Kerala, Ernakulam

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Sir'
Sub : Mediation of case referred by the Hon'ble High Court of Kerala -
reg.
Ref : Referral orde
dated ..a.+ of the Honorable High Court of Kerala
I am to forward herewith Report of the Mediator in the matter along
with the enclosures for information and necessary action.
`JJi.9V
-.J
Yours Faithfully,L±
Nodal Officer,
Ernakulam Mediation Centre
/
Encl:- 1. Report of the Mediator, Settleme ement
2. Copy of the referral order dated , i. of the High Court of Kerala..
3. Copy of the Petition

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM .

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W.P.C. No.807 of 2022

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The Great India Tour Company Pvt.Ltd

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Petitioner

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Vs.

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The lcICI Bank Ltd & Others

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Respondents

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REPORTSUBMITTEDBYTHE"EDIATOR

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ADV. P.R.

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Parties could settle their disputes hence Mediation terminated. Sending back the file to the Court with the Terms and conditions of the Settlement agreement signed by the parties for further proceedings of this Hon'ble Court.

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Dated thisthe 13th dayof December, 2022.

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

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W.P.C[ No.807 of 2022

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The Great India Tour Company Pvt.Ltd

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Petitioner

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Vs.

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The lcICI Bank Ltd & Others Respondents

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MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F ® I:E oCF°DEH:F E:VR]ALiR°c¢;PLURPER3=£3uWH(A:5FAST]2o4NS RULES, 2008=

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Both parties have agreed to settle the matter on the following terms and conditions:

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Both parties have agreed to settle their dispute for a total amount of Rs.4,92,39,342/- (Rupees Four Crore Ninety Two Lakhs Thirty Nine Thousand Three Hundred and Forty Two only). The above said amount are due towards two Account ie., 1) LBCOC00002257040 and 2) LBCOC00002257039. Out •. of the above said amount Rs.4,38,07,850/-(Rupees Four Crore Thirty Eight Lakhs Seven Thousand Eight Hundred and Fifty only) towards the amount due in Account No. LBCOC00002257040 and the balance amount of Rs.54,31,492/- (Rupees Fifty Four Lakhs Thirty One Thousand Four Hundred and Ninety Two only) towards the amount due in Account No. LBCOC00002257039.

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Qiap

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; Merala state Mcdiatjon and con.:WI.atjon Hi.gh Court of Kerala Kochj -682 031

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-2-

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Petitioner, The Great India Tour Company Pvt.Ltd, have agreed to give the above said amount to the lst Respondent The lcICI Bank Ltd. Both parties have agreed that the said amount of Rs.4,92,39,342/- (Rupees Four Cror.e Ninety Two Lakhs Thirty Nine Thousand Three Hundred and Forty Two only) will be paid in eleven installments of which the lst installment amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) paid today and the balance amount in ten equal installments of Rs.42,30,785/-(Rupees Forty Two Lakhs Thirty Thousand Seven Hundred and Eighty Five only) towards the Account No. LBCOC00002257040 and Rs.543149/-(Rupees Five Lakh Forty Three Thousand One Hundred and Forty Nine only) towards the Account No. LBCOC00002257039. Petitioner agreed that the said installment will be paid by 20th of every calender month starting from January 2023.

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In default of the above terms and conditions, especially, the default in paying even one installment as stipulated above, Petitioner and Respondents agreed that the Respondent can proceed with the execution proceedings for realising the entire balance amount including the defaulted installment amount, by executing the judgment or order that may be passed by the Hon'ble High Court.of Kerala in pursuance of recording of this settlement agreement.

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«eralaStateMed!aij.„.
Hi.gh Court of Kerala
Kochj -682 031

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) ^|tE--riiz±

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-3-

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Both parties agreed thatthere will not be anyfurtherclaims against each other out of the transaction of the above referred two Accounts ie., LBCOC00002257040 & LBCOC00002257039.

Petitioner

r.-{fr=;;h/|CJ.3u

The Great India Tour Company Pvt.Ltd

Respondents

The ICICI Bank Ltd

Cst+RE`.TAyACLAMQN3.

----:i-:-I-:-,-:-{:i_--:-:--_---:--: EI I - I , ® Counsel for the Petitioner Counsel for the Respondents

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KeralaStateModiationandConcjlialionCenlre iL!!.ci.i -joiJ.r;. c( KL+rco,,'a Kochj -d82 031

Ratheesh Kumar @ Ratheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ratheesh Kumar @ Ratheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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