Jessy K A vs The Cochin Naval Base Civilian ...
2023 Latest Caselaw 598 Ker

                        IN TIIE HIGffl cOuRT oF KEEAILA Ar EENhKul[hM
                                          RESET
                             THE HONouRABIE rm. ousTlcE I.R.RAVI
          THusDAIr, TlzE i2TH m]r oF mNunR:!r 2o23 / 22ro rousHA, 1944
                                  me(c) ro. 30618 oF 2022

RETITlcnun:

                JESSY K A
                asp 53 ¥Eas
                w/O. OunE p.x.
                wORIclNG As mADESDdziN inRE ,
                RATmlAI. oRGANlzAIloN FOR HEED QunRmRS
                souTEmN imnml. ccaomND/ cc»onlo iolcAI, oFFlcE ,
                im:`mL BASE, ccx=HEN 682 oo4.

                NOW RESIDING AT KOENO" HOUSE,
                sDp¥ RonD, EAILunTHr, HocHI -682 006

                er aev I.RAmsHKHARmT NhlR

RESPOREENTS :

                TIE cOcHIN NAVAI, BASE clvlLIAN moLoyEEs
                CO-ORERATIVE HOUSING SOCIETY IiD. NO. E737
                GRouno FrooR oF olD DcnA EullDING,
                NEAR Na;`ml. K.G. , cocHIN-682 004.

                THE BASE I.celslsTlcs OFFlcER,
                READ QUARTERs , souTIEBN tmhml, cchonlo em:nzal, BASE ,
                COCHIN- 682 0b4.

                JOB K.V. ,
                DM MOK IND, NhvIL BasE, rocEII-682 oo4

                inNIKAioAN v.
                DM, roK Ire, NAVEI. BASE, KceHI-682 oo4.

     *5         ZDDI, R5 THE ESTaBLlsmoENI: oFFlcER,
                inmRIAI, oRGENlzATloN, NaRnl, BASE ,
                COCHIN 682 004

                jDDI..R5 Is nord=ASED as RER oroER DArn 8.12.2o22 IN
                IA.NO.1/2022 IN WP(C)NO.30618/2022

                EFT anvs .
                M . M . MORARE
                inNu s. , Ds6 oF IrolA
                JIE¥ G.J.
                M. PENUII VARGRESE
                K . V . SENOSH
                slroHu K . s .


      "Is velT RETITlcIN (clvll,} HAVIHG ccaG up ron Almsslcm cm 12.01.2023,
T[E CotBT oN TRE SABG DA]r DELlvERED TEE roLI,owlN6:
 WP(C) Not 30618 0F 2022




                           T.R.RAVI, J.

11,,111111,,,11111,1~11111-,11,11111,llI l^7P (C) No.30618 of 20Z2 111,111111-11,1111111111~111,11,I,I-1111--I Dated this the 12th day of January; Z023

TUDGMENT

The Nodal Officer, Emakulam Mediation Centre has

placed before the Court the report submitted by the Mediator before whom the parties have settled the issue. The

memorandum of agreement drawn up has also been placed on

record.

In view of the fact that the matter has been settled

between the parties, this writ petition is closed on the basis of

the settlement arrived at. The memorandum of agreement shall

form part of this judgment.

Sd/-

                                                     T.R.RAVI

                                                      JUDGE
     Sn
 wp(ci NO: 306ia OF 2022




                          APPENDIX OF WP(C)    30618/2022

RETITlooaER i s REIBITs

Echibit P1                  A TRus pHorocoEiy OF THE NOTlcE DATED

16.7.2o22 IssuED 8¥ THE lsT REsporoENT SOCIETY

Ea!hth±t P2 A TRv= p5OTeeop¥ OF TEE NOTICE pATEp 16.7.2o22 IssuED B¥ THE IST REspoueENT SOCIETY

Exhibit P3 A TRtm pE[oTocopy OF IRE REI.EVENT PAGE IN RESPECT OF THE PETITICItlER'S DUE ISSUED BY THE lsT REsporoENT DATED 31.o8.2o22

Echibit P4 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBlflTTED BY THE PETITIONER BEFORE THE OFFICE oF TEH= 2ND REsporoENT DATED 21.6.2o22

Echibit P5 A TEngE pE[OTocopy OF THE REPRESEN"TION sum4ITTED By TE[E pETITloNER BEFonE TEE OFFlcE OF THE 2ND RESPONDENT DATED 19.7.2022

Erfeife±t p6 A TRv5 p=OToeop¥ OF TEE par s±=p FOR TEE iroNTH oF AUGnysT 2o22

RESEroNDENT. s EXHIBITs NIL

I |Tmun cf Iipri| I PA T0 JUDGE BEFORE THE HONOURABLE HIGH COURT OF KERALA AT EENAKULan WP(C) No. 30618 of 2022

Jessy K.A. Petitioner

The Cochin Naval Base Civilian Employees Respondents

Co-operative Housing Society Ltd.E 737

RIM.ORANDRUM 0F AGREERENT UNI)ER RULES 24 & 25 0F

_THE ALTERNATIVE DISPUTE RESOLUTION RULES. 2008 :

The contesthg parties to the above matter being the Petitioner and Respondent 1 and 3, they have agreed to settle the dispute involved in the above matter on the following terns.

1. It is agreed by the parties that the 3rd Respondent Job K.V, an employee of Naval Base, Kochi represented by Respondents 2 & 5, has availed a loan of u Rs.4 lakhs(Rupees four lakhs only) from the lst Respondent society for expenses to be met with regard to his daughter's marriage and the Petitioner and the 4th Respondent who are his colleagues in Naval Base has stood surety. It is also agreed that Job.K.V, has repaid an amount of Rs.1,78,730/-

(Rupees one lakh seventy eight thousand seven hundred and thirty rupees only) towards the said loan and the balance as on today is Rs.2,21,270/-

(Rupees two lakhs twenty one thousand two hundred and seventy only) to be paid by him.

           J±i±                                                           \EF#ima
                                                                               Secretai.y

CochjnNavalBas?CjvilianEmployeesC6-opem.ve

KefalaStateMediationandConcjljationCentr€ HousingSocietyLtd.No.E-737,Kochj-682004

High Court of Kerala Kochi -682 031 EE=

2. Job K.V. agrees to repay the said amount with interest within a period of 3

months time as agreed to by the lst Respondent by seuing his house and hence the total repayable amount as on March 31St 2023 will be Rs.2,46,000/-(Rupees two lakhs forty six thousand only). It is also agreed by Job K.V that unless he repays the amount of Rs.2,46,000/-(Rupees two lakhs forty six thousand only) on or before 31-3-2023, the lst Respondent can proceed against him, the borrower, the sureties and the borrower's movable property being his residential house having No.272 A/7 situated in Kannamaly, Kochi, and he will be held liable for further expenses incurred. by lst Respondent towards realization of the amount due from him on default of compliance of this settlement agreement.

3. It is also agreed that once the 3rd Respondent repays the amount, the sureties being the Petitioner and the 4th Respondent shall be absolved from their responsibility incurred by way of being surety to the loan. It is also agreed by the lst Respondent that further proceedings against them will be kept in u abeyance and they will be discharged once Job K.V. effects the repayment as agreed herein further to which the entire dispute involved in this matter stands resolved.

4. Since the 4th Respondent has not appeared and he is only formal party in the Writ Petition and no additional liability is fixed on or against him in this settlement, he is not made a party, or signatory to this settlement. The 2nd and5thRespondent,employerofpetitionerandRespondentsqg,4,Jalsoare only formal partie9and they are also not made signatories to this agreement.

J± neTaia State media`tion and Conciiiaiioii Cemi€ giv2-

Secretary CochlnNavalBaseCiviljanEmployeesC6-operati.ve High Court of Kerala Kochi - 682 031 or HousingSocietyLtd.No.E-737,Kochi-682004

Hence is it humbly prayed that this Hon'ble Court may be pleased to record this settlement agreement as part of the Judgment of this Hon'ble Court in the above matter and dispose off the above case accordingly in the interest of justice.

Dated this the 14th day of December, 2022.

Petitioner Respondents I ul3 -

]essyK.A 3lee 1. The Cochin Naval Base Civilian

Employees Co-Operative Housing

Society Ltd No.E-737 ee.k-sth _ . _'-I , CochinNava'BaseCiviljanEmployeeSCO-operatl.ve HousjngSociefyLtd.No.E-737,Kochi-682004

2. ]obK.V. Qfty

u Counsel for Counsel for the Respondents 1 & 3

rfe# haQc6h ja is?tyut I .

¥l ,7c, / 9S Adw`M`M.Non% , c::a/f ifro i .

Ad;Notchfaof f typrdd rd.3 ch_ul` Aalv , g`,rdh,u` bi ftyae§ifeifedieiisfl©[email protected]¢ii€iiieti&R6efl{f6 [£ . q 5-S: / tho I High Court of K®rala Kochi - 682 031