Joby Antony vs Sajan Babu
2022 Latest Caselaw 7776 Ker

IN TSE SIGH COURT OF KERALA AT ERNARITLAM

ERESENT

SUSEICE BP. SOMARAJAN

2a) pay OF JUNE 26

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SRE RONQURASLE MR

7TH ASHADHA, 1944

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a$ OF 2028 AGAINST THE ORDER DATED 18.03.2082 IN ER NO.2/2021 IN O8 2/3921 oF

BAO NO.

i RODITIONAL SUB COURT, SRNARUTAN

APPELLANT (PETIT TOMER (AP ESLEANT :

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in view of the settlerment arrived at by the parties in

trreatiation, the appeal is not pressed inte service.

Hence this sopeal is disposed of In terms of the campromise arrived at. The same will form part of the Judgment and decree, The order of conditional attachment wil stand [fed and if shall be cormmunicated accordingly. Refund the entire court fee paid under Section 69 A of the Kerala Court Fees and Sults Valuation

Act, 1959.

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 49 of 2022

jaby Antony Appeltant V5, Saian Babu Respondent

REPORT SUBMITTED BY THE MEDIATOR ARDY. CHANDRALERHA M.

Mediated, matter is settled,

Terms and conditions are attached herewith.

Dated this the 27" day of June, 2022,

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i cere Adv. Chandralekha M. Madiator Emakulam Mediation Centre

SEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 49 of 2022

Joby Antony Appellant

Salan Babu Respondent

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & ae OF THE CRIMINAL PROCEDURE (ALTERNATIVE DISPUTE

RESOLUTION), RULES, 2008

SETTLEMENT AGREEMENT

The parties have decided to settle the matter fully and Analy based on the ferms and conditions mentioned below:

i.The respondent /Oefendant shall pay an amount of RS.30,84,077/- (Rupees Thirty Lakhs Eighty Four Thousand Seventy Seven only} to the 1" Appellant / Plaintiff vie cheque No. 1Q0004, CS8, Thapoumpady

e. The respondent /Defendant shall oay an amount of Rs.5,22,7/25/- {Rupees Five Lakhs Twenty Two Thousand Seven Hundred and Twenty Five only} to the 2° Appellant /

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3. Thus altogether and amount of Rs.36,06,802/- is paid by the Respandent / Defendant to the Apnellant /Plaintfis in full and Anal settlement of the claim in OS No.2/2021 pending before Sub Court i, Ernakulam and upon reliasation af the same the matter pending before the Sub Court I, Ernakulam shall be Nsmissed as withdrawn,

4. The full court fee of As.3,13,344/- pald by the Appellant / Plainthi before the Sub Court 1, Ernakulam, in OS no2feo2l may be directed to refunded to Mr [aby Antony ta A/C No OO0S01LGTO238190001, IFC Cade - CSBROOO0OY, Brigidade Road Branch, Banglore.

5 The order of conditioned attachment passed by this Hon'ble Court may be withdrawn.

Dated this the 27" day of fune, 2022,

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Appellant Respondent

Joby Antony

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Coun nf hoe the Petitioner