Kerala High Court
Dasan vs Secretary Edavanakkad Service ... on 3 February, 2023
IN THE HIGil ccunT OF RERAIA AT EENAKul.AM
PRESENT
THE HCIN0tJRABIE MR. JUSTICE T.R.RA:VI
FRlm:ir, THE 3RI' mr oF FREtrmy 2o23 / 14TH RAGHzi, 1944
ve(c) No. 34og2 oF 2022
PFTITIORER:
DASEN
aeED 77 yEus
SIO. PRTAIPEN
KcOTTtINGATHARA HOUSE
E VAimKKal) vll.RAGE,
EENARTIAM DIST., PIN -682502
BY AI}V K.BIJU
REspoueENT:
SECRETARY
E ARAREAD sERvlcE coropERATlvE mNK IiTD. No. 1,
EI}AVARAREAD, ERmnKulmM DlsTRlcT, plN - 6825o2
BY ADV A.N.SANTIIOSH
THls velT PETITION (clvll,) HAVING cchG up FOR ADHssloN ON
o3.o2.2023, THE cOuRT ON THE sinG DAy DELlvERED THE FOLLOwlNG:
WPC No.34092 of 2022
TIRI RAVI, I.
------------------------------------
W.P.(C.} No.34092 of 2022
----------I-------------------------
Dated this the 03"I day of February, 2023
JUDGMENT
The parties had been referred for mediation. The
Nodal Officer of the Mediation Centre has placed
before this Court the Memorandum of Agreement
entered into between the parties.
In the above circumstances, this writ petition is
closed in terms of the agreement. The Memorandum
of Agreement shall form part of this judgment.
Sd/-
T.R.RAVE
JUDGE
SKP/03-02
WPC No.34092 of 2022
APPENI)IX 0F WP(C) 34092/2022
PETITIORER' S EXHIBITS :
EXHIBIT P 1 TRUE copy oF THE NOTlcE mTED o4.o8.2o22 IssuED
BY THE RESPONDENT TO THE PETITIONER
EXHIBIT P 2 TRUE copy OF TIIE REPRESENTATION mTED
06.09.2022 SENT BY THE PETITIONER TO THE
REspcrmRT.
RESPOwDENIS I EXHIBITS :NIIi
TRE COPY
P.A. T0 JTmE
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
WP(C) No. 34092 of 2022
Dasan Petitioner
Vs.
Secretary,
Edavanakkad service co-operative Bank Ltd : Respondent
MEMOIIANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE
OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
The parties above named beg to submit as follows:
1. The aforesaid, Complaint were referred to mediation for
resolving the dispute between the parties, in the course of
mediation, that has taken in the presence of Mediator,
Adv. Wilson K.P, they have resolved their dispute and have
agreed to the following terms and conditions given below:
a) As on today the Petitioner is liable to pay Rs.8,72,144/-
(Rupees Eight lakhs seventy two thousand one hundred and
forty four only).
b) The Respondent Bank had agreed to settle the above
matter on condition that the Petitioner will pay Rs,7,50,000/-
(Rupees Seven lakhs fifty thousand only) within six months.,
from the date of disposal of the above Writ Petition.
'l-/:', L U K
'r`!' * \.
c) ln case of failure on the part of Petitioner in repaying the
amount as agreed, the Petitioner is not entitled to get the
above benefit as agreed and the Bank is free to proceed
against the mortgaged property for recovering the amount.
2. In view of the above aforesaid agreement entered into
between the parties that the Writ Petition may be disposed of
jn terms of aforesaid agreement,
3. The parties shall bear their respective cost incurred in the
proceedings.
Dated this the 18th day of January, 2023.
EDAVANAKAD SL. {3\`j'IC!::
Petitioner -Dasan BANK LTLJ, ,`j'i
`.`ECRETAR`/'
Respondent I Secretary,
Edavanakkad service co-operative Bank Ltd ''t:
counsel#\:i:::::`'\::unseife=5/p¥n:erntfrofty
