Smt. Prasanna Radhakrishnan vs The Authorized Officer
2023 Latest Caselaw 3223 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R. RAVI
THURSDAY, THE 23©° pay of MARCH 2023 / 2ND CHAITTHRA, 1945
WPR(C) NO. 2943 oF 2023

PETITIONER:

SMT, PRASANNA RADHAKRISHNAN,

AGED 73 YEARS

W/O LATE . RADHAKRISHNAN,

RESIDING AT "UPASANA? ,

ENGLISH CHURCH CRogs ROAD, KOZHIKODE-673 O11,

BY ADVS.

M.K.SUMOD

ABDUL RAOOF PALLIPATH
K.R. AVINASH (KUNNATRH)
VIDYA MLK.

RESPONDENTS :

i THE AUTHORIZED OFFICER te
"PIRAMAL CAPITAL & HOUSING FINANCE LID, UNIT NO: 601,
6TH FLOOR, AMITHI BUILDING, AGASTYA CORPORATE PARK,
KAMANI JUNCTION, LBS MARG,
KURLA WEST, MUMBAI~400 b070.

2 THE AUTHORIZED OFFICER
PIRAMAL CAPITAL & HOUSING FINANCE LID,
BRANCH OFFICE, 198T FLOOR OF KMM BUILDING,
PALARIVATTIOM, KOCHI, PIN ~ 682 025

3 SUHANESH MUNDANI HARIDAS
AGED 56 YEARS
S/O LATE HARIDAS, DOCTOR BY PROFESSION,
RESIDING AT "UPASANA", NADAKKAVU,
KOZHIKODE, PIN ~-- 673 006

4 ASHA SUSAN BABY
AGED 48 YEARS
W/O DR.SUHANESH, RESIDING AT "UPASANA",
NADAKKAVU, KOZHIKODE, PIN ~ 673 006

BY ADV DENU JOSEPH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


WP(C) NO. 2943 OF 2023

T.R.RAVL, J.

hasheamashahaeheteathednhade ha bntatoaleslaleslostaatontntebkeknlntttetst.tetelslolct cesta

haahaathacheatechienenhdtentendeaden te deatendeshententaete dn beak ahaetocdc te tn te Lodsbedadtntadotetantolen!

Dated this the 23 day of March, 2023

JUDGMENT

The matter had been referred for mediation. The report of the mediator has been placed before this Court by the Nodal Officer, Ernakulam Mediation Centre stating that the issue has been settled between the parties. The memorandum of agreement has also been placed before this Court.

In view of the settlement arrived at, this writ petition is closed making the memorandum of agreement as part of this

judgment. The parties shall abide by the agreement. Sd/-

T.R.RAVI JUDGE

sn

WP(C) NO. 2943 OF 2023

APPENDIX OF WP(C}) 2943/2023

PETITIONER'S EXHIBITS

Exhibit Pl TRUE COPY OF THE LEASE DEED DATED 30/10/1999

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT DATED 26.12.2000 ISSUED BY THE KOZHIKODE CORPORATION

Exhibit P3 TRUE COPY OF THE NO-OBJECTION CERTIFICATE DATED 4.10.2002 ISSUED By THE DIVISIONAL OFFICER, FIRE FORCE, KOZHIKODE

Exhibit P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE SALES TAX DEPARTMENT DATED 30/6/2067

Exhibit P5 TRUE COPY OF THE RENEWED LICENSE ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM DATED 18.8.2000

Exhibit P6 TRUE COPY OF THE LICENSE FEE RECEIPT DATED 28.2.2019 ISSUED BY THE KOZHIKODE MUNICIPALITY

Exhibit P7 TRUE COPY OF THE LEASE DEED DATED 28/03/2014

Exhibit P8 TRUE COPY OF THE REGISTERED GIFT DEED NO. 572/18/1 DATED 16.3.2018

Exhibit P9 TRUE COPY OF THE INCOME TAX FOR THE ASSESSMENT YEAR 2014-2015

Exhibit P10 TRUE COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2015~- 2016 OF THE PETITIONER

Exhibit Pil TRUE COPY OF THE INCOME TAX FOR THE ASSESSMENT YEAR 2018-2019

Exhibit P12 TRUE COPY OF THE MONTHLY RENT RECEIPT DATED

9.11.2011 TO THE PETITIONER

Exhibit P13 TRUE COPY OF THE MONTHLY RENT RECEIPT

WPE(C) NO. 2943 OF 2023

10/2/2022 TO THE PETITIONER

Exhibit P14 TRUE COPY OF THE NOTICE DATED 15.12.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P15 TRUE COPY OF THE WRITTEN OBJECTIONS SUBMITTED BY THE PETITIONER DATED 3.3.2022

Exhibit P16 TRUE COPY OF THE ACKNOWLEDGEMENT CARD WITH THE SIGNATURE AND SEAL OF THE FIRST RESPONDENT DATED: 13/03/2022

Exhibit P17 TRUE COPY OF THE ACKNOWLEDGEMENT CARD WITH THE SIGNATURE AND SEAL OF THE 2ND RESPONDENT DATED: 07/03/2022

Exhibit P1i8 TRUE COPY OF THE PETITION IN CMP NO. 1983/2022 DATED NIL BEFORE THE CJM COURT, KOZHIKODE

Exhibit P19 TRUE COPY OF THE ORDER IN CMP 1983/22 DATED:

29/12/2022 OF THE CJM COURT, KOZHIKODE

RESPONDENT'S EXHIBITS

Exhibit R2 (a) THE COPY OF THE PARTNERSHIP DEED DATED 01.04.2017 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT HANDED OVER BY THE 3RD RESPONDENT

//TRUE CoPy// PA TO JUDGE

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM W.P.(C). No, 2943/2023

Smt.Prasanna Radhakrishnan Petitioner V5.

The Authorized Officer & others Respondents

MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:

1. The Respondents 1 and 2 are ready for one time settlement of the loan transaction provided the Respondents 3 and 4 are paying a lump sum amount of Rupees One Crore and Forty lakhs only in three monthly installments of Rs. 35 lakhs, 25 lakhs and 80 lakhs each starting from March 2023 and ending by May 2023.

2. The Respondents 3 and 4 agree for the said proposal. The Respondents 3 and 4 shall pay the first installment of Rs.35 lakhs on or before 25/03/2023, the second installment of Rs.25 lakhs on or before 25/04/2023 and the balance amount of Rs.80 lakhs on or before 25/05/2023. ff the Respondents 3 and 4 commits any one default in paying the installments the above agreed one time settlement shall stand cancelled and the Respondents 3 and 4 shall be liable to repay the loan amount as per the Accounts maintained by the Respondents 1 and 2, in accordance with the loan agreement executed by the parties and as per law. The installment amount if any paid shall be adjusted to the overdue payments as if the present

settlement have not been entered into.

~ nee

3. In the above circumstances Respondents 1 and 2 shall prosecute the pending SARFAES|I proceedings, if the 3 and 4" Respondents commits breach of the settlement entered herein.

4. All the parties agree to dispose of the Writ Petition in terms of the above settlement,

Dated this the 9th day of March, 2023.

Petitioner - Prasanna padhakrishnan( (7

Respondents -

1&2. The Authorized Officer, Piramal Capital & Housing Finance Ltd

For Piramal Capit al & Housing fit in coh,

4. Asha Susan Baby

\) Og fae ounse for the Petitioner Counsel for Respondents 1 & 2

Counsel for Respondents 3 & 4 fV's Coun gat Aon ga tael ,

Kerala Staic Mevia: hon and Conelliation Genus High Court of Kerata Kochi - 682 631