Kerala High Court
The Cherthala Muttam Service ... vs Seyd Muhammad on 12 November, 2024
W.P(C)No.26173 of 2013 I
2024: KER: 84060
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SY¥AM KUMAR V.M.
TUESDAY, THE 127 pAyY OF NOVEMBER 2024 / 215T KARTHIKA, 1946
WE{C) NO. 26173 OF 2013
PETITIONER
THE CHERTHALA MUTTAM SERVICE CO-OPERATIVE BANK
LTD .NO.1165
REPRESENTED BY ITS SECRETARY, CHERTHALA P.O,
BY ADV SRI.J.OM PRAKASH
RESPONDENTS
SEYD MUAAMMAD
$/O.HASSANKUTTY, SALIM MANSIL, WARD NO.PPT,
PATTANARKKAD F.O., CHERTHALA.
P.M. SHEREETA
W/O.SYED MUHAMMAD, -DO- -DO-
MUBAMMED SALIM
8/O.SEUD MUHAMMAD, -DO- -DoO-
SAHEER
-DO- -BO-
HUSSAIN
=DOo- +bo-
W.P(C)No.26173 of 2013 2
THIS
ON 12.11,
FOLLOWING :
2024: KER: 84080
THE ARBITRATION AND EXECUTION INSPECTOR/SALE
OFFICER (MUTTAM BANK), OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ,
CHERTHALA, PIN - 685 524,
BY ADVS.
MANU V.
G.P.SHINOD
SMT .K.M RESHMI 3R.GP
WRIT PETITION (CIVIL) HAVING COME UF FOR ADMISSION
2024, THE COURT ON THE SAME DAY DELIVERED THE
W.P(CN0,26173 of 2013 3
-- ee es ee ee ee ee
Se
It is submitted by both sides that the parties have
arrived at a mediated settlement and a report has been filed by
the Mediator.
In terms of the settlement arrived at, this writ petition is
closed and the settlement agreement shall form part of the
judgment.
Sd/-
SYAM KUMAR V.M,
JUDGE
Simm
W.P(C)No.26173 of 2013 4
2024 :KER: 94090
APPENDIX OF WE(C} 26173/2013
PETITIONER EXHIBITS
EXHIBIT Pl . A TRUE COPY OF THE LOAN APPLICATION.
EXHIBIT F2Z. A TRUE COPY OF THE TITLE CLEAR
CERTIFICATE ISSUED RY SRI.C.J.VARGHESE,
ADVOCATE .
EXHIBIT FS. A TRUE COPY OF THE AFFIDAVIT OF THE
FIRST RESPONDENT.
EXHIBIT Pd, A TROE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT.
EXHIBIT PS. A TRUE COPY OF THE MORTGAGE DEED DATED
04.09.1997.
EXHIBIT P6é. A TRUE COPY OF THE SECURITY BOND DATED
08.09.2010.
EXHIBIT B7?. A TRUE COPY OF THE AWARD IN ARBITRATION
CASE NO.615/2005 DATED 07.05.2005.
EXHIBIT P&S. A TRUE COPY OF THE PLAINT DATED
31.03.2005,
EXHIBIT FS. A TRUE COPY OF THE WRITTEN STATEMENT OF
RESPONDENTS ONE AND TWO IN FILE
NO.337/2006.
EXHIBIT P10. A TRUE COPY OF THE REPLY STATEMENT OF
THE PETITIONER IN FILE NO.337/2008.
EXBIBIT Pll, A TRUE COPY OF THE REPLY STATEMENT OF
THE PETITIONER IN FILE NO.337/2008.
EXHIBIT Plz. A TRUE COPY OF THE AWARD IN ARC
NO.337/2008 OF THE 6TH RESPONDENT.
EXHIBIT P13. A TRUE COPY OF THE MEMORANDUM OF APPEAL
IN APPEAL NO.53/2011.
EXHIBIT P14. A TRUE COPY OF THE JUDGMENT IN
O.$5.N0.831/2008 DATED 11.02.2011 OF THE
MUNSIFF'S COURT, CHERTHALA.
W.P(C)N0.26173 of 2013
EXHIBIT P15.
A TRUE COPY OF THE JUDGMENT IN APPEAL
NO.53/2011 DATED 27.04.2013 OF THE KERALA
CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
W.PA(C). No.26173 of 2013
The Cherthala Muttam Service : Petitioners
Co-operative Bank Ltd Na.1165
Vs,
Seyd Muhammad and others : Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL PROCEDURE
{ALTERNATIVE DISPUTE RESOLUTION), RULES, 2608:
Parties agreed to settle the above case in the follawing terms and conditions:-
1. Respondent No.1 Syed Muhammed expired on 18/09/2016 and a memo filed in the
above case on 30/03/2024 recording the Respondents 2 to 5 as the legal heirs of
deceased Respondent No.1.
2. Both parties agreed to settle the above case for a sum of Rs.1,60,000/-(Rupees one
lakh sixty thousand only} to the petitioner, the Cherthala Service Co-operative Bank
Lid No.1165.
3. Respondents 2 to 5 are paying the above said amount vide Cheque No.10188173 of
Federal Bank Ltd, Thuraveor Branch dated 27/09/2024 for Rs.1,60,000/-(Rupees one
lakh sixty thousand only).
Petitioner Respondents
The Cherthala Muttam Service 1.Seyd Muhammad(Died}
Co-operative Bank Lid No.1165
2.2. M.Shereefa Ae
3.Muhammed sank Sys
PROV JOIS ssareer Shy
5.Hussain' |} apes
--<--_<$_$------
*
1 oa
4. The Petitioner Bank agree to record full satisfaction of the award amount in the above
case on receipt of the Cheque amount. On receipt of the amount the Bank hereby
agree to release all dacuments deposited or executed by Respondents 1 & 2 including
the tide deed of Respondents 1 & 2 to the Respondents 2 to 5 in the above case.
5. On receipt of che amount as above said the Petitioner Bank shall withdraw ali cases
filed against the Respondent.
The 6" respondent is only a formal party and not a signatory to
this settlement agreement.
Hence it is humbly prayed that his Hon'ble court may be pleased to accept this
settlement agreement and dispose the above said matter accordingly.
Dated this the 27° day of September, 2024.
Petitioner Respondents
The Cherthala Muttam Service 1.5eyd Muhammad(Died)
Co-operative Bank Ltd No.1165
2.P.M.Shereefa Bn
iy 3.Muhammed sui DS
MiROY Joes
wEPEETARY
The dts Sea's 4. Saheer 2,
5.Hussain CHa
Mi lag2sfie
dtr be
Counserfor the Petitioner Counsel for the Respondents RXte £5
hen Kyord By ee youu?
fag This settiement apreement is authenticated
FY menhagkagy
as >| 2)
Mediator
