Kerala High Court
M/S. Herbs N Spices International vs M/S. Krishna & Co on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
RFA.No.618 OF 2014(B)
AGAINST THE JUDGMENT IN OS No.26/2012 DATED 30-06-2014 OF SUB
JUDGE COURT, KOCHI
APPELLANT/DEFENDANT:
M/S. HERBS N SPICES INTERNATIONAL,
EXPORTERS & IMPORTERS,70, KAZI SAYED STREET,105,
SWASTI HOUSE, MUMBAI-400 003, REPRESENTED BY ITS
ERSTWHILE PROPRIETOR AND PRESENT PARTNER GIRISH
SINGH.
BY ADVS.
SMT.PRABHA R.MENON
SRI. BLESSY MOL.P.P.
SRI.MANOJ R.NAIR
SMT.SINDHU MANOJ
RESPONDENT/PLAINTIFF:
M/S. KRISHNA & CO.,
KRISHNA KUNJ,VIII/1285,PALLIARAKKAVU ROAD,
KOCHI-682 002,REPRESENTED BY ITS PARTNER
MR.KRISHNAKUMAR.
R1 BY ADVS. SRI.K.N.SIVASANKARAN
SRI.SUNIL SHANKER
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RFA.No.618/2014(B) 2
JUDGMENT
Dated this the 18th day of February, 2021
The issues involved in O.S No.26 of 2012 pending on the
files of Subordinate Judge's Court, Kochi have been amicably
settled among the parties in a mediation held at the Kerala State
Mediation and Conciliation Centre, functioning at High Court of
Kerala on 05.02.2021. Memorandum of Agreement executed
under Section 89 of the Code of Civil Procedure read with Rule 24
of the Civil Procedure (Alternative Dispute Resolution), Rules
2008 is appended to the appeal on hand.
2. It is found from the terms of the agreement that the
appellant/defendant company represented by its proprietor and
partner Mr.Girish Singh has agreed to pay a total sum of
Rs.39,00,000/-(Rupees thirty nine lakhs) to the
respondent/plaintiff company represented by its partner
Mr.Krishna Kumar in full and final settlement of all their disputes
and in token of the agreement to settle, Rs.10,000/- has been
transferred to the said Krishna Kumar and he acknowledged the
same. The respondent has also acknowledged the receipt of the
balance amount of Rs.38,90,000/-, which has been transferred to
his bank account in IDBI Bank of Kochi, Main Branch by the
appellant/defendant.
3. In the above circumstances, appeal stands allowed.
Decree and judgment in O.S No.26 of 2012, pending on the files of
Subordinate Judge's Court, Kochi stands set aside.
The Memorandum of Agreement shall form part of the
judgment. The court fee shall be refunded to the appellant.
Sd/-
MARY JOSEPH
JUDGE
JJ
ER.NAKULAM MEDIAIION CENTRE
(HIGH COURT HALL)
EMc/Reg. *"..1// )-4n / / /
Dated: tg/ar/>--V
From
The Nodal Officer,
High Court Mediation Centre.
To
The_ Registrar (Judicial), '
High Court of Kerala,
Ernakplam
Sir,
Sub:-Mediation of referred cases-
Reg.
Ref:- Refenal Order in....
dated ilu/*uv..of the Hon,ble High Court of Kerala.
The report of the Mediator in
the matter arong with the enclosures
is furnished
ff' herewith for information and
necessary action.
Yours {aithfull
5blu"'
Ernakulam Mediation Centre
Encl:- 1. Report of the Mediator, Settleme,ilegreement.
2. Copy of referral order dated .k/L/5.r*/...of the High Court of Kerala.
3. Copy of petition.
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
RFA No. 618 /2014
M/s Herbs N Spices International : Appellant/Defendant
Vs
M/s Krishna & Co. Respondent / Plaintiff
REPORT SUBMITTED BY THE MEDIATOR Adv. SALLY THoMAs CHACKO
Mediated and the matter is settled .
Terms and conditions of settlement is attached herewith
Dated this the l5th day of Februarv 2021
aatlsalffnomas Chacko
Ernakulam Mediation Centre
BEFORE THE HON'BLE HIGH COURT OF KERAIA
AT ERNAKULAM
RFA No. 618 of 2OL4
M/s. Herbs N Spices International : Appellant / Defendant
Vs.
M/s. Krishna & Co. : Respondent / Plaintiff
Memorandum of Aqreenrent under Section 89 of
the Code of Civil Proced
the Civil Procedure (Alternative Dispute Resolution), Rules 2008
The above case was sent for mediation vide orders of this hon'ble court. The
pafties and counsel were present for severirljoint and individual sessions. The parties
have in mediation agreed to settle their disputes as per the following terms:
1. The parties agree that the above RFA No. 6IBl20t4 is filed by the defendant in
O.S. 26/2012 on the files of the Subordinate Couft Kochi which was a suit for
realisation of money.
2. The pafties now agree to settle their disputes in this mediation. The appellant /
defendant company represented by its proprietor and partners Mr. Girish Singh
has agreed to pay a total sum of Rs. 39,00,000/- (Rupees thirty nine lakhs) to the
respondent / plaintiff company represented by its paftner Mr. Krishna Kumar in full
and final settlement of all their disputes. In token of the agreement to settle, the
appellant Mr. Girish Singh has transferred Rs. 10,000/- to the respondent
Mr. Krishna Kumar who has acknowleciged the same.
3. The respondent / plaintiff, Mr. Krishna Kumar hereby acknowledges receipt of the
balance amount of Rs. 38,90,000/- (Rupees thifi eight lakhs ninety thousand)
which has been transferred to his bank account No. 00851020000274L4 in IDBI
Bank of Kochi Main Branch by the appellant / defendent Mr. Girish Singh vide his
bank account No. 02t020L105898 in Canara Bank, Mandvi Branch, Mumbai, today.
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4. The pafties now agree that they have no claims whatsoever against each other in
future with regard to the above litigation.
In the circumstances, the parties agree to request this hon'ble court to set aside
the judgment and decree in O.S. 2612012 on the file of the Subordinate Judge,
Kochi and dispose of the above RFA 618/2014 in terms of this settlement and they
pray that it may form part of the judgrnent and decree in RFA 6L812014 and that
the full refund of court fee paid in the said appeal maybe refunded.
this of February 2021
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M/s. Herbs N Spices I M/s. Krishnan & Co. Kochi by
Girish Singh Krishna Kumar
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Cou nsel for the Appe I la n1A.Dl^o 9 tr q Fj P i{l! nset for the-Respondent
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NOTED & RIC1STERID vERI FIcATION
sr. No. . Str lZee--
WE, the pafties above named, do hereby solemnly state and declare that what is
contained in paragraphs 1 to 4 are true Lo the best of our knowledge, information
and belief.
Eated this of Februar.y 2021
M/s. Krishnan & Co. Kochi by
Krishna Kumar
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for thd{espondent
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