Kerala High Court
Shree Traders vs Worldgate Express Lines International ... on 21 August, 2025
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24%
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN 5S.
THURSDAY, THE 215' DAY OF AUGUST 2825 / 30TH SRAVANA, 1947
RSA NO. 472 OF 2021
AGAINST THE JUDGMENT AND DECREE IN AS NO.8 OF 2021 DATED 08.04.2022
PASSED BY THE IIT ADDITIONAL DISTRICT JUDGE, ERNAKULAM ARISING OUT OF THE
JUDGMENT DATED 30.09.2015 IN OS NO.1031 OF 2013 OF IIZ ADDITIONAL MUNSIFF &
RENT CONTROL COURT, ERNAKULAM
APPELLANT/APPELLANT/DEFENDANT :
SHREE TRADERS
416 B, EYYAL ROAD, MARATHENCODE P.0., KUNNAMKULAM VIA, THRISSUR
DISTRICT, REPRESENTED BY ITS PROPRIETOR P.V JAYARAJAN
BY ADVS.
SHREI.MADHU RADHAKRISHNAN
SHRI .NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT/RESPONDENT/PLAENTIEFF:
WORLDGATE EXPRESS LINES INTERNATIONAL PVT. LTD.
HAVING ITS HEAD OFFICE AT DEV REGENCY, NEW NO.117, 2ND FLOOR
DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI-60@ 004 AND A BRANCH
NOW AT NO.26/2075 C, 2ND FLOOR KUTTAMPARAMBIL BUILDING, PANDIT
KARUPPAN ROAD, THEVARA, COCHIN-G82 013, FROM IST FLOOR, AGHIL
BUILDING INDIRA GANDHI ROAD, WILLINGDON ISLAND, COCHIN-3
REPRESENTED BY ITS COCHIN BRANCH MANAGER, MR.SOLY JOSE EDWIN |
BY ADV SRI.P.1.GEORGEKUTTY
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 21.08.2025,
ALONG WITH RSA.8@3/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA Nos.472 of 2021 & 803 of 2019 -2+
2025:KER: 63617
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 2157 DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
RSA_NO. 803 OF 2019
AGAINST THE JUDGMENT AND DECREE IN AS NO.16 OF 2016 DATED
31.07.2018 OF IZ ADDITIONAL DISTRICT JUDGE ERNAKULAM ARISING OUT OF THE
i
JUDGMENT DATED 30.09.2015 IN OS NO.1031 OF 2013 OF ITE ADDITIONAL
MUNSIFF & RENDT CONTROL COURT, ERNAKULAM
APPELLANT/APPELLANT/DEFENDANT:
SHREE TRADERS
416 B, EYYAL ROAD, MARATHENCODE P. 0., KUNNAMKULAM VIA,
THRISSUR DISTRICT, REPRESENTED BY ITS PROPRIETOR P. V.
JAYARAJAN.
BY ADV SHRI.MADHU RADHAKRISHNAN
RESPONDENT/RESPONDENT/PLAINTIFF :
M/S. WORLDGATE EXPRESS LINES INTERNATIONAL PVT.LTD.
HAVING ITS HEAD OFFICE AT DEV REGENCY, NEW NO.111, 2ND
FLOOR DR. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI - 600 004
AND A BRANCH NOW AT NO.26/2075 C, 2ND FLOOR KUTTAMPARAMBIL
BUILDING, PANDIT KARUPPAN ROAD, THEVARA, COCHIN - 682 013
FROM 1ST FLOOR, AGHIL BUILDING INDIRA GANDHI ROAD,
WILLINGDON ISLAND, COCHIN - 3, REPRESENTED BY ITS COCHIN
BRANCH MANAGER, MR. SOLY JOSE EDWIN.
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD GN
21.08.2025, ALONG WITH RSA.472/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RSA Nos.472 of 2021 & 803 of 2019 -3-
EASWARAN S., J.
eS
SSS SS. 2 ee ea ee ee Se ee eee
Dated this the 21* day of August, 2025
UDGMENT
These appeals arises out of the judgment in OS No.1031 of
2013 and counter claim therein. Aggrieved by the decree in the suit,
two appeals were preferred by the defendant, were all dismissed.
During the pendency of the appeal the parties were referred for
mediation. Before the mediator, parties have settled the dispute and
the memorandum of settlement being recorded by the mediator
which is filed along with the report.
Thus the parties having settled dispute before the mediator,
these appeals are disposed in terms of the settlement recorded
before the mediator, The memorandum of settlement entered by the
parties, before the mediator shall form part of the this judgment. The
entire Court fee paid in the appeals shall be refunded to the
appellant.
Sd/-
EASWARAN S.
JUDGE
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:
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
R.S.A. Nos.472 of 2021 & 803 of 2019
M/s Shree Traders : Appellant
Vs.
M/s Worldgate Express Lines Int.Pvt Ltd : Respondent
REPORT SUBMITTED BY THE MEDIATOR
ADV. ZOHRA M.A,
Mediated, matter is settled.
Settlement agreement is attached herewith.
Dated this the 13th day of August,
Adv. Zona M.A.
Mediator
High Court Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
R.S.A. Nos.472 of 203) & 803 of 2019
M/s Shree Traders : Appellant
Ws.
M/s Worldgate Express Lines Int.Pvt Ltd : Respondent
MEMORANDUM 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:
The parties in the above appeal are the appellant who is the defendant in
0.S.No.1031/2013 in the files of the 3% Addl.Munsiff Court, Ernakulam and
appellant in AS 8/2021 and AS 16/2016 on the files of the II Addl. District
Court, Ermakulam. Respontient is the 'plaintiff in the suit and respondent in
the above mentioned appeals. They agree to resolve the dispute involved in
the above matter on the following terms and conditions.
oe |
Appellant - . ve ° Respondent SYN
M/s Shree Traders M/s Worldgate Express Lines,
Rep.by its proprietor P.V.Jayarajan Rep. by its Cochin Br.Manager,
PN Jayarajan or WORKAATRTRARERSAINPA INTE PVT. LID.
Authorised Signatory
1.The appellant Shree Traders and respondent who is the plaintiff in the suit
namely M/s Worldgate Express Lines Int.Pvt Ltd agrees that the above '
appeal arises in the matter of recovery of a 22 feet container and realization
amount apart from a counter claim for delayed payment. The plaintiff
company is represented by the Branch Manager of Kochin Branch. The
parties has agreed to consilidate the cliam in the suit and counter claim
frony which: the above appeals arises orm payment of Rs.7,06;800- towards
full and final amount payable by the appellant to the respondent within 3
months from today by way of lump sum payment being before or by 15" of
November, 2025 without fail. The payment of Rs.7,00,000/- is agreed to be
transferred 'by the appellant to the 'current account 'ef 'the respondent
company namely No.758138 of the RBL Bank, Chennai Branch having IFSC
RATNO0000113 by way of RTGS.
Sa)
ae not
Appellant "aepind | oN ~ Respondent
M/s Shree Traders M/s Worldgate Express Lines,
Rep.by its proprietor P.V.Jayarajan- Rep. by its Cochin Br.Manager,
"PN jayarajan Seoly jose Edwin
For WORLDCATEEXPRESSLINESINTL.PYELLTD,
Authorised Signatory
(sy
2.In case of default of the above amount it is agreed that the appellant
shall be fiable at interest 12% per annum for the said amount till date of
payment and aise an adilamount of Rs.2:500000- as compensation
towards the cost and consequences arising from such default. Parties also
agree that on payment as above said of Rs.7,00,000/- by 15" November,
2025 the E.P No.819/2022 on the files of the Munsiff Court, Chavakkad can
be closed and affachment prevailing over the appellants property cam be
lifted. In case of default the property so attached can be proceed against
the realization of the amount of Rs. 7,00,000/- with 12% interest and also
additional compensation of Rs.2,00,000/-.
'The parties agree that the payment of Rs:7;00,000/- within the fixed period
or 9,00,000/- and interest at 12% for delayed payment is towards full and
final settlement of all their claims in the above appeal.
woe gREE TR
an AWN enon
Appelfant - /) | 6 getiet? : Respondent.
M/s Shree Traders M/s Worldgate Express Lines,
Rep.by its proprietor P.V.Jayarajan Rep. by its Cochin Br.Manager,
PA gayarajan 'Soly jose Edevin
For WORLDGATE EXPRESS LINES INTL.PYE.LTD, -
Apthorised Signatory
(ay
Hence It is humbly prayed that this Hon'bie Court may be pleased to record
this compromise and refund the eligible court fee to the appellant and
dispose ofthe above appeal in'terms of this settlement agreement 'by way
of Decree of this Hon'ble Court in the above appeals in the interest of
" justice.
CS
Dated this-the 13th day:of August, 2025.
<n Kour? |
Appellant "Byne Respondent
| "Tponniet
M/s Shree Traders M/s Worldgate Express Lines,
'Rep'by its proprietor PV jayarajan Rep. "by its Cochin 'Br.Manager,
"LTD.
P.V Jayarajan For WORLDGATE EXPRESS LINES ay ose Edwin
Authorised Signatory ;
( | (p> Cc-oleayloas) Ask . Gexploeltp (4.783190
Counsel forthe Appellant -- Counsel for the Respondent
Peep ALK buerttf
This settlement agreement is authenticated by me.
Adv.Zohra M.A.(Mediator}
