Kerala High Court
Thrissur Corporation, Corporation ... vs M/S.Enarc Constructions (Architects ... on 2 November, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
20246:KER: 61631
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
SATURDAY, THE 2% pay OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
RFA NO. 671 OF 2012
AGAINST THE JUDGMENT AND DECREE DATED 06.01.2012 IN os
NO.1156@ OF 2004 IST ADDITIONAL SUB COURT, THRISSUR
APPELLANT / DEFENDANT:
THRISSUR CORPORATION, CORPORATION OFFICE, THRISSUR
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.V.N.HARIDAS
SMT .KRIPA ELIZABETH MATHEWS
SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
RESPONDENT /PLAINTIFF:
M/S.ENARC CONSTRUCTIONS (ARCHITECTS AND ENGINEERS)
M.G.ROAD, THRISSUR, REPRESENTED BY ITS MANAGING
DIRECTOR, SRI.K.RAMAKRISHNAN, S/O.DEVAKI AMMA ,
KUNNAMBATH, 25/499, THRISSUR VILLAGE /TALUK-680001
BY ADVS,
SMT. KAVERY S THAMPI
SRI.K.V.JAYADEEP MENON
SRI.K.M.SATHYANATHA MENON
SRI.SANTOSH P.PODUVAL, Sc
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON TRE SAME DAY DELIVERED THE FOLLOWING:
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2024:KER: 81631
Sathish Ninan,
&
p.V.Balakrishnan, 3).
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JUDGMENT
Sathish Ninan, J.
The parties have settled their disputes in mediation.
They have entered into a memorandum of agreement incorporating
the terms of settlement. The decree and judgment impugned in
this appeal are set aside and judgment is passed in terms of
the settlement. The memorandum of agreement will form part of
this judgment.
2. --In terms of clause (6) of the memorandum of
settlement, the Bank Guarantee furnished as security shall be
released to the appellant.
The court fee paid on the memorandum Of appeal shall be
refunded to the appellant.
Sd/-
Sathish Ninan, Judge
Sd/-
esr P.V.Balakrishnan, Judge
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RESPONDENT ANNERURES
Annexure A A TRUE COPY OF THE AGENDA AND DECISION OF
THRISSUR MUNICIPAL CORPORATION DATED
01.10.2019
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BEFORE THE HONOURABLE HIGH C
AT ERNAKULAM
REA.NO.672 of 2012
Appellant
Thrissur Corporation pp
rep. By its Secretary
, ndent
Mis.Enarc Constructions Respo
(Architects & Engineers)
ODE OF
MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE AE civit
CIVIL PROCEDURE READ WITH RULES 24 & 25
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION),
The parties settled the disputes on the following terms and conditions
1. The appellant and respondent agree that the appellant shall pay an
amount of Rs. 76,07,835/- to the respondent in full and final settiement
of the suit claim inclusive of the decree amount of Rs.45,15,367/- to-
gether with interest @12% from the date of suit till 6/1/2012. An ammount
of Rs.15,00,000/- was paid as per the order in the above Appeal and the
balance amount payable as per the settlement is Rs.61,07,835/-. (Rupees
Sixty one lakhs seven thousand eight hundred and thirty five only)
2. The respondent shall prepare a revised DPR for Sakthan Nagar Vegetable
Market and Shopping Complex for the area of 24421 m' The appellant
has agreed to pay remuneration to the respondent at the rate of 2.33%
of the revised DPR cost + applicable tax.
Appellant - Thrissur Corporation rep. by Its Secretary, Shibu V.P
<
Responde - M/ na Const uc i s( or : -
ni > chi e 9 . : ' 8 ~ : *
hans. wee
Rep by its Managing Partner, K.Ramakris
Sask A. RISHNAN
SAGENGG.), FETE Eng FLV NDE LLA Reedy
MANAGING PARTNER ;
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3. The amount of Rs.61,07,835/- shall be paid at four stages.
(a)An amount of Rs, 21,37,742/- (35% of the amount pa
paid at the time of signing the mediation agreement.
(b)Rs.21,37,742/- (35% of the amount payable }shall be paid after the
yable) shall be
approval of the lay out
(c}Rs. 12,21,567/- (20% of the amount payable) shall be paid at the fime
of submitting the revised DPR.
(d)}Rs. 6,10,784/- (10% of the amount payable ) shall be paid at the time
of settlement of the final bill.
4. The respondent shail execute a fresh agreement within 2 weeks for sub-
mitting the DPR and the agreement dated 19/12/1987 executed between
the appellant and the respondent shall stand cancelled.
5. The respondent will be entitled to receive the amount remaining after ad-
justing the above said amount of Rs. 76,07,835/- towards the charges for
preparing the revised DPR at the time of final settlement of the bill.
6. The Bank Guarantee provided by the appellant as security for the decree
debt shall be released to the appellant.
7. The above Appeal may be decreed in terms of the above settlement
agreement.
Dated this the 24" day of October, 2024.
a
a
Appellant - Thrissur Corporation repr ae
pp Corpo ation re JNts Secretary,Shibu V.P Fl oo
{aso A get ae
ie as Pra ~ we as a ao
ne OD \ SS ve
A et ae
ANS
Respondent - M/s.Enarc Constructhahs
Rep by its Mana
Re Lig hitetug PB Se Eran Bec engin sete
- MANAGING PARTNEE
Counsel for the Appellant ms
Adws Somihesh F fa dun of © SES r the
Cctraae/ aa) ' Xe
NS
™ his settlement a @ ntis au
™ ] ment is j
Adv.S.K.Balachandran(Mediator)
eA ENE --_--
Eas 'Nas ; rH
2 \ K.Ra i NY
mokrishnat
ae Ar. K, Rass de. en
8.Se(Engg), Fg oe
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