Kerala High Court
The Uralungal Co-Op.Rural Housing ... vs Kunhiraman on 11 September, 2024
W.P.(C) No.4515 of 2016 re ee
2024:KER:69162
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 117" DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 4515 OF 2016
PETITIONER:
THE URALUNGAL CO-OPERATIVE RURAL HOUSING
SOCIETY LTD, NO.LL 128 MADAPPALLY COLLEGE (PO),
VATAKARA, KOZHIKKODE. REP. BY ITS SECRETARY,
SHAJTI.
BY ADV.
SRI.C.R.SIVAKUMAR
RESPONDENTS :
1 KUNHIRAMAN
CHALLAYIL HOSUE, KANNOORKKARA (P.O),
PODIKALAM PARAMBIL, ONCHIYAM VATAKARA,
KOZHIKKODE, PIN - 673 308.
2 NAINA C.H
D/O.KUNHIRAMAN, CHALLAYIL HOUSE,
KANNOORKKARA (PO) PODIKALAM PARAMBIL,
ONCHIYAM, VATAKARA, KOZHIKKODE, PIN - 673 308.
3 THE KERALA CO-OPERATIVE OMBUDSMAN
OFFICE OF THE KERALA CO-OPERATIVE OMBUDSMAN,
THIRUVANANTHAPURAM, PIN - 695 023,
REP. BY ITS SECRETARY.
4 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
GENERAL, OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVESOCIETY (GENERAL) , KOZHIKKODE
DISTRICT, PIN - 673 011.
BY ADVS.
SRI.ZUBAIR PULIKKOOL
SRI.JUSTINE JACOB, SR.GP
W.P.(C) No.4515 of 2016
2024:KER:69162
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.4515 of 2016
Dated this the 11" day of September, 2024
JUDGMENT
It is noticed that, pursuant to the mediation undertaken at the
Mediation Centre attached to this Court, the parties have arrived at
a settlement as noted in the Memorandum of Mediation dated
08.07.2024.
This writ petition would stand disposed of, in tune with the
Memorandum of Mediation dated 08.07.2024.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
APPENDIX OF WP(C) 4515/2016
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT
NO.193/2015 DATED 28.2.2015
EXHIBIT P2 THE TRUE COPY OF THE DETAILS OF LOAN
OUTSTANDING AS ON 01.02.2016
EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THE
OMBUDSMAN DATED 30.11.2015 IN COMPLAINT
EXHIBIT P4 THE TRUE COPY OF THE COVERING LETTER
DATED 28.1.2016 WITH MULTI CITY CHEQUE
DATED 28.12.2016
EXHIBIT P5 THE TRUE COPY OF THE LOAN SANCTION ORDER
DATED 26.6.2001.
EXHIBIT P6 THE TRUE COPY OF THE MORTGAGE DEED DATED
5.7.2001 BETWEEN THE PETITIONER AND THE
IST RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE RELEVANT PAGES OF
ARC NO.186/2015 AGAINST THE Ist
RESPONDENT
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BEFORE THE HON'BLE HIGH COURT OF KERALA
AT ERNAKULAM
The Uralungal Co-Op.Rural Housing Society Ltd : Petitioner
Vs.
Kunhiraman Challayil Hosue & Others : Respondents
REPORT SUBMITTED BY MEDIATOR
Mediated. Settled.
Terms of settlement are attached herewith.
Dated this the 8th day of July, 2024.
Adv. George Zachariah Eruthickel
Mediator
High Court Mediation Centre
REFORE THE NON'BLE HIGH COURT OF KERALA
AY ERNARULAM
The Urahingal Co-Op. Rural Housing Society Ltd ; Pehuoners
Sunhirarnan Ch
; Respondent
MEMORANDUM OF MEDIATION SETTLEMENT AGREEMENT UNDER
SECTION 8 OF THE CODE OF THE CIVIL PROCEDURE RESD WITH RULES
28 OF THE CHYEL PROCEDURE (MEDIATION) RULES, 2008,
The Fetitioner is represented by the Secretary of the petitioner Society,
Arst respondent is the principal borrower im the loan transaction, wh
subiect matter of the above case, and the 2° Respondant is the quarantar
Yhe first Resmondent availed loan from the Petitioner society for an ar MOU of Rs,
é Jakhs pups Wo sks only} for a period of 18 years on 22/08/2001. The first
oa cammaint before the Kerala cooperative ambudsrman
through complaint No. losf2015 (exhibit Pi} and In which Exhibit P?
order WAS passed, and which was challenged before this Honouratde Court
ero igh through the above Writ Petition. This Honourable ee c "Ourt referred
ma acter for mediation and the matter has been settied full s iy
'aerment under the following terms and coriditions:
hy
~,
th
Petitioner Reapondaents
kunhiraman Chatlayl Nosue
2.Naina CH W Neate
ererereeeeeenerernerrtnns otal
Bie
TERMS & CONDITION
spondant has agreed { to pay Rupees 6,00, 0004 (Rupees Siy igkhs
é@ instalments of which Rs. 4.00,000/-(Rupees four lakhs only}
osid or before LS/O7/2024 and the palance 8. 2,00, GOOsU
twa [aks only! shall be pad on or before 3Q/OG/2024
&
fod
ae
Ne
fe
2. On payment of the 2°" instalment as mentioned above, the Secretary of
the Petitioner saciety shall Nandever the Release Oeed to the first
Respondent al fis residence on oar before 1Q/OG/2024 st and 2"
Respondents shall be liable to pay the expenses, which may inc
> ~
Me
'giease Deed of release deed as informed by the
isd
ins lefault of of the above said terms andconditions, the affected party can
take apprapriate iegal stens for executian of the terms, which Neve nat
been COTM ed With.
& the parties arcably B settied the disoute and
¥
Petitioner Respondents
The Uralungal Co-Op. Rural Housing iL.Aunhiraman Chalays Rosue
= w
oe pe eg t x
2 Naina CH. NO ons M
igthe §° day of july, 2024.
=
Courtsel for the respondents qen.
BAS. Pa. aL.
Ad WG 'George Zach
