Cochin Anesthesia Research ... vs Greater Cochin Development ...
2021 Latest Caselaw 14724 Ker

 

IN TEE HIGH COURT GF KERALA AT ERNAKULAM
PRESENT
TIE BOMOURABRLE MR. UUSSICE F.R. RAVE
WEDNESDAY, THE i478 pay oF JULY 2621 / 23RD ASRADSA, 1843
WE(C) KO, 26892 OF 2019
PRTITIONER:
COCRIN ANESTHESIA RESRARCN SOCTEDY,
REGISTERED AS (ER .NO. PTGS S12 990} ,
DOOR NO. 27/313, FIRST FLOOR,
PANAMPAILLY NAGAR SHOPPING COMPLEX,

BANAMPILILY NAGAR, ERNARULAN - 682 O38.
REPRESENTED BY TTS SECRETARY DR. TRAMPI MATREN.

BY ADY BREMUIY MAGENDRAN

RESPONDENT:

GREATER COCHIN DEVELOPMENT AIPTHORITY,
BEBRESENTED BY IVS SHCRETARY .
RENARULAM ~ GSS 020.

BE ADV SME MINT .V A.

TRIS WRIT PETITION (CIVIL} HAVING COME UP FOR ADMISSION

ON 24.07.2021, O88 SoURT ON DHE SAME BAY DELIVERED PHS
FOLLOWING :

 

 
 

 

Wok. CLEMO... FHWHe LAE,

AS OA

Wan Rios ae Sey Bae APR obese. ef Tigh Skeaa
Gated this the Dt" day af Judy, 208%

UB & ME ON YT

The writ petition fas been Filed praying to
quash Ext.PB order and ta award casts ta the

netitioner. By Ext.PS arder, the respondent

foedine,

rejected the request of the petitiener far
deductian tn the rent.

2. Pending the writ petition, the parties

were delegated to mediation. Yhe Nodal Officer,

High court Mediation Centre, has 'forwarded the

report of the mediator, stating that the matter

has heen settled tn mediation and the Memorandun

of Agreement has alsa been forwarded to this
court. The Memorandum of Agreement will be made
part of this judgment.

In view of the settlement arrived at by the

parties before the Mediator, as evidenced by the

' my wy ond 6 335! ~ Moe oo RES n ae by toe rere & 5 Sad
Memorandum oF Agreement, This writ getitian is

closed without any further orders and declaring

that the garties will be bound by the Memorandum

 

 
 

 

WP. COINe, 20992 (2028

of Agreement dated 23.02.2021, which is annexed

herewith.

Sek fn

T,.R.RAVI, JUDGE

usT [email protected] copy!

PLA KO Fudge

 

 
 

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a

wT AR SY Sty

ERNAKULAM MEDIATION CEN TRE (HIGH COURT HALL)

3" floor above SBI. High Court building, Emakulem

hs 2,

EMC Reg. WNo.. ae =o 195) ee we af é é

The Nodal Officer, High Court Mediation Centre

Kochi -S){Phosads nbn. gee)

é

=p y "te

Dated: S Ay! Letep ?

Soort af Kerala.

losures is furnished

Ernakulam Mediation Centre

_.af the High Court of Kerala.

To The Registrar Qudicial), - High Court of Kerala, Emakulan Sir,

Sub:-Mediation of referred cases- Reg.

" et a a Ste ys ED? fier

Ref. Referral Order in...dst hen. aac

a dated ...% bof fovea' .....of the He wyYble High € D y a we ox | wf "The report of the Mediator in the matter along with the encit aia: tied f 7. ' . . / ee BEN ist herewith for infermation and necessary aciion. bk Nadal Offic ey Ench- 1. Report of the Mediator, Set ddlemen t Agreement

2. Copy of referral order dated .2ay fs huey. ' 3, Copy of Petition.

a oe a

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

W.P(C). No.20992/2019

Cochin Anesthesia Research Society : Patitioner Vs.

Greater Cochin Development Authority: Respondent

MEMORANDUM OF AGREEMENT UNDER SECTION 88 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

}, Both parties hereby agree that the rent is fixed at the rate of Rs 22/So.ft after measuring the area occupled by the petitioner for their usage except the common area in the First Floor. The rent will increase @ 25% In every five years from the date of fixation of rent.

2. Both parties further agree that all other conditions in the rental agreement between the petitioner and respondent

will cantinue.

3. Petitioner agrees to pay the difference between GST paid by GCDA on the enhanced rent demanded by GCDA and the GST collected from the petitioner if any til the date of

interim order was passed by the Hon'ble Court of Kerala.

4. Petitioner agrees to pay the rent arrear if any within 3 months from this date. However, the exemption on rent granted due to Covid-19 shall be granted to the petitioner.

5 In violation of the conditions as stated above any af the aggrieved party can approach before the Court for executing the decree passed in the above case.

G6. Both the parties agrees that the above case may be disposed of in terms of the compromise agreement without

cost to either parties.

Dated this the 23° day af March, 2021.

Petitioner x ae }

?

é aaa ue

eh erent

in coctii Anesthesia Research Society

oy Poa re re Beh i ; one = So

- \Re pondént ei ay] a ee OBS, CTS

oe yy oh {gions

yelopment Authority

n .

Y me court for ie Petitioner Counsel for the 'Respondent

3 te . oY. Ry os Pb: FL hy YS

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

W.PIC). No. 20992/2019

Cochin Anesthesia research Society Patitioner Vs.

nt Authority Respondent

Greater Cochin Developme

REPORT SUBMI TED BY THE MEDIATOR ADV. RAZIVA PA:

Mediated, matter is settled, Yerms and conditions are attached herewith,

Mated this the 23rc day of March, 2021.

Adv. Raziya PA.

. Mediater Ernakulam Madiation Centre

WB, COONS. 20898 S278

~ <8 van APPENDIX PETITIONERS: BRRIBTTS - BARIBIE PL TRUS PROTOCISY Of 'FRE REGISTRATION

CRATIFICATE ER.NWO.LOS/L990 ISSUED UNDER TRE TRAVANCORE COCHIN LITERARY , SCIENTIFIC AND CHARIVARLE SOCTEDIES REGISTRATION ACT, 1955

BENIBIT ES TRUE PHOTOCOPY OF TRE LEASE DERD NO.25]1/2001 DATED O3.03 200) OF Sho ERNANRULAM .

RSNIBIT BS A BROTOSTAT COPY OF TRE ACKNOWLEDGEMENT 2SSUED RY TEE RESPONDENT DATED 24.08.2018.

RRNIBIT Pa TRUS PROTOCOPY OF TRE LETTER NO. 74689 /C8 /13 /GCDA DATED 29.02.18

XSSQERD BY GCRA.

BSANIBIT PS TRUE BROTOCOPT OF TEE LETTER NO. 7469 /CA SIS /GCDR DATED 14.08.18,

EXHIBIT PS PHOTOCOPY OF THE JUDGMENT oF THIS couRT IN WEL (c) 26864 oF 2018 paven O3.09. 2018.

ESRTBIT PY TRUS COPY OF THE REFRESENTATION DATED NIG SUBMITTED BY YHE PETITIONER TO THE RESFONDEND .

EXHIBIT Bg TRUE COPY OF THE ORDER S51/C 4/81 /¢6CDa DATED OF O39 2019,

RESPONDENTS EXBIBIVS NID