Kerala High Court

M/S Adgear Media Pvt Ltd vs Malayala Manorama Co.Ltd on 31 May, 2024

Author: K.Babu

Bench: K. Babu

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 31S' DAY OF MAY 2024 / 10TH JYAISHTA, 1946

CRL.MC NO. 688 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 04.12.2023 IN ST NO.57 OF 2021 OF

JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE), KOTTAYAM
PETITIONERS/FIRST ACCUSED:

1 M/S ADGEAR MEDIA PVT LTD
6E, GEE GEE EMERALD 6TH FLOOR,NO.151,
VILLAGE ROAD, NUGAMBAKKAM
CHENNAI -600034., PIN - 600034

2 S. KRISHNAN
AGED 61 YEARS
CHAIRMAN AND MANAGING DIRECTOR,
ADGEAR MEDIA PVT LTD 6E, GEE GEE EMERALD 6TH
FLOOR, NO.151, VILLAGE ROAD,
NUGAMBAKKAM CHENNAI -600034.,
PIN - 600034

BY ADVS.
B.G.HARINDRANATH
AMITH KRISHNAN H.
LEJO JOSEPH GEORGE
SAIRA PUTHIYAPARAMPATH
GOWRI DEV
P.DEVIKRISHNA

RESPONDENTS/COMPLAINANT:

1 MALAYALA MANORAMA CO.LTD
M/S MALAYALA MANORAMA CO.LTD K.K ROAD,PB NO.26
KOTTAYAM - 686001
REPRESENTED BY ITS AUTHORIZED OFFICER
MR. THOMAS JOSEPH AGED 49
S/0 LATE JOSEPH
RESIDING AT OZHUKAYIL, KONGANDOOR,
AYARKUNNAM P.O, KOTTAYAM.,
PIN - 686564

2 S. NAGARAJAN
DIRECTOR M/S ADGEAR MEDIA PRIVATE LIMITED 6E,
GEE GEE EMERALD 6TH FLOOR,NO.151,


CRL.MC NO. 688 OF 2024 2
&
CRL.MC NO. 771 OF 2024

VILLAGE ROAD, NUGAMBAKKAM
CHENNAI -600034.,
PIN - 600034

BY ADV
Millu Dandapani
G SUDHEER - PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

31.05.2024, ALONG WITH Crl.MC.771/2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:


CRL.MC NO. 688 OF 2024 3
&
CRL.MC NO. 771 OF 2024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 3157 DAY OF MAY 2024 / 10TH JYAISHTA, 1946
CRL.MC NO. 771 OF 2024

AGAINST THE ORDER/JUDGMENT DATED 22.11.2023 IN ST NO.57 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE), KOTTAYAM
PETITIONERS/FIRST ACCUSED:

1 M/S ADGEAR MEDIA PRIVATE LIMITED
6E, GEE GEE EMERALD 6TH FLOOR,NO.151,
VILLAGE ROAD, NUGAMBAKKAM CHENNAI,
REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
S.KRISHNAN, S/O K.SUBRAMANIAM,
PIN - 600034

2 S. KRISHNAN
AGED 57 YEARS
CHAIRMAN AND MANAGING DIRECTOR,
M/S ADGEAR MEDIA PRIVATE LIMITED 6E,
GEE GEE EMERALD 6TH FLOOR,NO.151,
VILLAGE ROAD, NUGAMBAKKAM CHENNAI,
PIN - 600034

BY ADVS.
B.G.HARINDRANATH
AMITH KRISHNAN H.
SAIRA PUTHIYAPARAMPATH
P.DEVIKRISHNA

RESPONDENTS/COMPLAINANT :

1 M/S MALAYALA MANORAMA CO.LTD
K.K ROAD, PB NO.26 KOTTAYAM-686001
REPRESENTED BY ITS AUTHORIZED OFFICER
MR. THOMAS JOSEPH, AGED 49,
S/0 LATE JOSEPH
RESIDING AT OZHUKAYIL, KONGANDOOR,
AYARKUNNAM P.O, KOTTAYAM,
PIN - 686564

2 S. NAGARAJAN
DIRECTOR M/S ADGEAR MEDIA PRIVATE LIMITED 6E,


CRL.MC NO. 688 OF 2024 4
&
CRL.MC NO. 771 OF 2024

GEE GEE EMERALD 6TH FLOOR,NO.151,
VILLAGE ROAD, NUGAMBAKKAM CHENNAI,
PIN - 600034

BY ADV
Millu Dandapani

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

31.05.2024, ALONG WITH Crl.MC.688/2024, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:


CRL.MC NO. 688 OF 2024 5
&
CRL.MC NO. 771 OF 2024

K.BABU, J.

Dated 31* May, 2024

ORDER

As per order dated 19.3.2024, the parties were referred to mediation. A report has been submitted by the Mediator, High Court Mediation Centre, Ernakulam, stating that the matter has been settled. The memorandum of agreement is appended to the report. It is stated in the memorandum that the disputes between the parties have been

amicably settled. The terms arrived at between the parties are lawful.

Hence, these Crl.M.Cs are disposed of, recording the aforementioned agreement entered into between the parties. The

memorandum of agreement shall form part of this order.

Sd/-

K.BABU Judge MSA

& CRL.MC NO. 771 OF 2024

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF COMPLAINT DATED 16.05.2019 BEFORE THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM

Annexure A2 TRUE COPY OF THE ORDER OF THE MAGISTRATE

& CRL.MC NO. 771 OF 2024

PETITIONER ANNEXURES

Annexure A1 COPY OF COMPLAINT DATED 16.05.2019 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE, KOTTAYAM

Annexure A2 TRUE COPY OF THE ORDER OF THE MAGISTRATE

DATED 22.11.2023

'(HIGH COURT HALL). .

: SETS

i, Nigh Chart pulang, Ernakulam, Kochial, APRS ee . Rated XN

rand Haar, shove Bf ie " :

fo

The N a} of Lo ¢ Mediat on

'TRe Registrar dudicial).- High Court oF 'Kerala, Ernakulam,

Su, ; Fs Sub Me adiadon of case 'afereed by fhe Horr bier gh Curt af Kerala ~ .

- é . . og, oa Gia hol al fol. ad & geedial a é Fal 4 AE PPL kh " & Re: Referral Onder Ina Pk : " ; _ ated . QS)83)24..... of the Honor

= .

ard herewith Report of the Medi ator Gy the matter afong

: . x \ ar te Son Sw information and nec egsary ac setlon, Yours Baithfully,

"with y the encings ures 7

we

ae y | .

3 Report of the Mediator, Settle ted o50)24

Seale

Eneh- 2, ~ 2. Sagy of the referra: order dat Copy of the Petitian: 7

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Cri MC Nos. 688/2024 & 771/2024

M/S Adgear Media Pvt Ltd 6& & Anr : Patitioners V5,

Malayala Manorama Co.Ltd & Anr : Respondents

REPORT SUBMITTED BY THE MEDIATOR ADV. B.R. SHAH

Mediated, Parties could settle the matter, Hence mediation

Hon'ble Court may pass appropriate orders on the basis of the

terms and conditions of the settlement agreement.

Dated this the 2° day of April, 2024.

Sag 'Yb co nthe. P 4 io PRO Shai Mediator Ernakulam Mediation Centre

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Cri MC Nos. 688/2024 & 7721/2024

M/S Adgear Media Pvt Ltd GE & Anr : Petitioners Va.

Malayala Manorama Co.Ltd & Anr : Respondents

MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

Petitioners S.Krishnan, on his own behalf and on behalf of the 4 petitioner M/S Adgear Media Pvt Lid and 1i* respondent represented by MrThomas joseph hereby agree to settle their dispute on the following terms and

cOndions:-

1. Petitioner have agreed that they are ready to settle the dispute for an amount of Rs,70,00,000/- (Rupees Seventy lakhs ony}.

2, The respondents Malayala Mancrams represented by Thomas joseph has agreed to settle the dispute for the above said amount of Rs.70,00,000/- (Rupees Seventy lakhs only) as full and fina! settlement of afl their claims against

the petitioners and 2°4 respondent Mr.Nagarajan.

| Petitioners ist Respondent

1. M/S Adgear Media Pvt Ltd Malayala Manorama Co.Ltd (Rep by Chairman & MD Mr. S.Krishnan) (Rep by Authorised Officer

For Adgear Medi igs ;

iS ASHSarY Nie \ me Aa gear Media Pvt Lig Mr Thomas joseph) N YA Ro PM NA Aes Authorised Signately ~~ 2, §. Krishnan \ \ oe (EA poy s NS AK ~\ "I

3. Both parties agreed that the abave sai id amount of Rs.70,00,000/- (Rupees Seventy lakhs only} will be gi iven by the petitioner by three installments starting

fram 25/06/2024 and 2 installment on 25/09/2024 and 3° instaliment on 35/12/2024 at the rate of 1) s,25,00,000/- (Rupees Twenty five fakhs only), 23Rs.25,00,006/- (Rupees Twenty five lakhs only) 3) Rs.26,00,000/- {Rupees Twenty lakhs only} respectively.

4 Both parties agreed that In default of the above terms and conditions by the petitioner the i respondent Malayala Manorama can proceed with the case as if

there is no payment towards the cheque amount and proc seed with the case in the Trial Court,

5 Both the parties agreed that the payment by the petitioner can be made through the Bank Account of the 1° respondent which they keep with SBI, Current Account No.5 7DS2012140, IFSC- SBINOO7O102.

& The 2° respondent Nagarajan is not signing this settlement agreement as the ease has split up by the Trial Court and he is absconding from the proceedings.

Dated this the 2 day of April, 2024.

Petitioners ist Respondent

1. M/S Adgear Media Pyt Ltd Malayala Manorama Co.Ltd

Reo by Chair an & MD Mr. S. Krishnan} Re s Authorised Office For Aggear a Mesia Pvt ct \ ; \ SAnan, (Rep by horised O cr

Yo X UN 8 MrThomas joseph)

Aauthas 2509" . \ \ { \ : \ S

Ny s ¥ iN '

. tC pS Xe NA.

Counsel for the Petitioners Counsel forthe 35t Respongen

> A . S me Pt uel > aed AGAR Y Sedkoshaw fio neal ) \S s

mE R so2/2028 KS The above Settlement Agreement is authenticated by me.

: Caw' Sh Ag