Kerala High Court
Tom Mathew vs M/S. Hedge Finance Limited on 24 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
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Ns
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2025: KER: 15621
A
W.P.(C)NO.4591 of 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 24°" DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP{C) NO. 4591 OF 2025
PETITIONER:
TOM MATHEW
AGED 32 YEARS
S/O. K.T. MATHEW, KUMARAMTHARA, VELLAPAD, PALA
P.0., LALAM PART, PALA, KOTTAYAM ., PIN -~ 686575
'BY -ADMVS.,
NESMEL DIVAN
JOSE PAUL
KEERTHI DEVI K.V.
ASHLY MATHEW
RESPONDENT:
M/S. HEDGE FINANCE LIMITED
HEDGE HOUSE, MAMANGALAM, PALARIVATTOM,
ERNAKULAM, KOCHI., PIN - 682025
BY ADV SHIJU VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
NAN,
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W.P.(C)NO.4591 of 2025
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C.S.DIAS,J
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Dated this the 24" day of February, 2025
JUDGMENT
The writ petition is filed to direct the
respondent to permit the petitioner to pay the
outstanding amount in installments.
2. When the writ petition came up for
consideration on 06.02.2025, this court referred the
parties to mediation.
3. Heard; the learned counsel for the petitioner
and the learned counsel for the respondent.
4. The learned counsel for both sides submitted
that the dispute between the parties has been settled
as per the memorandum of settlement agreement
dated 12.02.2025, signed by the parties and counter
signed by the respective counsel.
5. I have perused the memorandum of
settlement agreement and have found the same to be
in accordance with law.
In the result, the writ petition is disposed of, as
per the terms and conditions of the memorandum of
settlement agreement, which shall form a part of the
judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.24.02.25.
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Tom Mathew : Petitioner
Vs.
M/s Hedge Finance Limited : Respondents
REPORT SUBMITTED BY THE MEDIATOR
Mediated, matter is settled.
Terms and conditions are attached herewith.
Dated this the 13° day of February, 2025.
\
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Adv. Ci
Mediator
Ernakulam Mediation Centre
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Tom Mathew : Petitioner
Vs.
M/s Hedge Finance Limited : Respondents
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 dispute between the parties settled on the following terms.
1. The Petitioner agreed to pay a total sum of Rs.4,80,000/-(Rupees four
lakh eighty thousand only) being the OTS to the Respondent on or before
30/4/2025.
2. Out of the above said OTS amount Rs.1,50,000/-(Rupees one lakh fifty
thousand only) will be paid by the Petitioner to the Respondent on or before
17/02/2025. The receipt of the payment of Rs.1,50,000/-(Rupees one lakh
fifty thousand only) shall be issued by the Respondent to the Petitioner.
3. The balance amount of 3,30,000/-(Rupees Three lakh thirty thousand
only) will be paid by the Petitioner to the Respondent on or before 30/4/2025
and on such payment, the M.A.Arbitration No.1592/2024 will be withdrawn
by the Respondent.
4, As and when the payment specified in clause No.2 is effected the
Respondent will release the vehicle No. KL-27-H-3686 to the Petitioner
dge Finance itd
against written acknowledgement. © com. ¢
Petitioner Ae -- < Respondent
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Tom Mathew feel HEINE Hedge Finance tarniteer? 5°
YES ae
Nome Cplthorised
icer,
Rep. bs Baer of Attorney Holder Madhu.£,
To facilitate the payment mentioned in clause No.3, the Respondent
agreed to extent the attachement effected over an extent of 2.02 Ares of
land as per the order in MA Arbitration No.1592/2024, in IA.No.3/2024 to 10
cents, for which the Respondent will file necessary application within one
week before the 7 Addl.District Court, Ernakulam and the Petitioner will
give No. Objection to the said application.
5.
6. in case of any default committed by the Petitioner in effecting any of
the aforesaid payment as per the time stipulated therein, the attachement
ordered in M.A Arbitration No.1592/2024 will continue and the Respondent
will retain the possessiion of the vehicle bearing No.KL-27-H-3686 as per the
order in MA Arbitration No.1685/2024 by the 8 Addil.District Court,
Ernakulam
7.The Respondent agreed to give the complete account statement of the
Loan Account No.0115050000430 to the Petitioner as and when required by
the Petitioner after effecting payment as per clause No.2.
7. Even after effecting the payment if the Respondent defaulted in
complying their obligation the Petitoner will be entitled to execute the award
before the District Court, Ernakulam wherein the Respondent filed
application against the Petitioner as stated above.
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Ah 'aa EN
cc :
@ Finance Ltd
Petitioner |
Tom Mathew oe MISE Finance Limited,
~~ Authorised Officer,
Rep. by Power of Attorney Holder Madhu.E,
g, Any of the parties may present this agreement before the District Court,
Ernakulam in the respective cases which are M.A.Arbitration No.1592/2024
and M.A Arbitration No.1685/2024.
9The Respondent agreed to issue NOC with respect to the above loan
agreement to the Petitioner as and when the payment of the entire agreed
amount,
Dated this the 12" day of February, 2025.
Sy
AWE BS' Finance Ltd
Petitioner WEEN ratory
POnge sna
Tom Mathew ies ledge Finance Limited,
Authorised Officer,
aA Rep. by Power of Attorney Holder Madhu.
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Oly. Tose Paul lelresslte (\dy> Sw ju \ [evs KAD
Counsel for petitioner Counsel for respondent
le | 19.26 | 2070
This settlement agreement is authenticated by me.
Adv.Dennis Varghese(Mediator) |. j ,
OPE Se
ees
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SAS
coe
2025:KER: 15621
WAP. (ONG. 4591 of 2025
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APPENDIX OF WP(C) 4591/2625
PEYITIONER EXHIBITS
Exhibit Pd
Exhibit P 2
Exhibit P 3
Exhibit P 4
Exhibit P 5
TRUE COPY OF M.A. (ARB) NO. 1592 OF
2024 FILED BY THE RESPONDENT BEFORE THE
HON'BLE DISTRICT COURT, ERNAKULAM.
DATED ON 5/18/24
TRUE COPY OF THE INTERIM CONDITIONAL
ATTACHMENT ORDER DATED 28.01.2025 IN
T.A. NO. 3 OF 2024 IN M.A. (ARB) NO.
1592 OF 2024 PASSED BY THE HON'BLE
DISTRICT COURT AT ERNAKULAM
TRUE COPY OF THE APPLICATION IN M.A.
OF THE ARBITRATION AND CONCILIATION
ACT, 1996 FILED BY THE RESPONDENT
BEFORE THE HON'BLE DISTRICT COURT,
ERNAKULAM
TRUE PRINTOUT OF THE TRANSACTION
DETAILS DEPICTING THE PAYMENT OF RS.
16,427/- FROM THE PETITIONER TO THE
RESPONDENT
TRUE COPY OF THE REQUEST LETTER DATED
NIL SUBMITTED BY PETITIONER
