Kerala High Court
Nazeer K A vs State Of Kerala on 18 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
| 2025: KER: 69769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 187" pAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
WP(C) NO. 163381 OF 2025
PETITIONER:
NAZEER K A,
AGED 53 YEARS
S/0 ABOOBACKER, KANAMPURAM (H) 128,
VATTAKKATTUPADY, PERUMBAVOOR P. 0,
PERUMBAVOOR, ERNAKULAM, PIN - 683542
BY ADV
SRI.PRAVEEN K. JOY
RESPONDENTS:
1
STATE OF KERALA
REPRESENTED BY SECRETARY,
HOME DEPARTMENT, SECRETARIAT,
TRIVANDRUM, PIN - 695001
THE SUPERINTENDENT OF POLICE IDUKKT
OFFICE OF THE SUPERINTENDENT OF POLICE,
CHERUTHONI, IDUKKI DISTRICT,
PIN - 685602
THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THODUPUZHA, IDUKKI,
PIN - 685532
THE STATION HOUSE OFFICER
THODUPUZHA POLICE STATION
THODUPUZHA, IDUKKI, PIN - 685532
wWP(C) No.16381 of 2025
5 ABDUL REHMAN IKBAL SORATHIYA,
AGED 46 YEARS
S/O IKBAL SORATHIYA, F-4,
ANUGHRAHA APARTMENTS, ONNAM MILE,
PERUMBAVOOR, ERNAKULAM, PIN - 683542
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SRI.TONY THOMAS (INCHIPARAMBIL)
SMT .K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16381 of 2025
JUDGMENT
Dated this the 18" day of September, 2025
It is submitted by the counsel for the petitioner and the
counsel appearing for the 5" respondent that the disputes
between them have been settled through mediation and the
mediation agreement has been signed on 11.09.2025.
In such circumstances, the writ petition is disposed of
recording the Mediation Settlement Agreement. The Mediation
Settlement Agreement shall form part of this judgment.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:
APPENDIX OF WP(C) 16381/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE CERTIFICATE FOR
THE UNIT ISSUED UNDER KERALA MICRO
SMALL MEDIUM ENTERPRISES FACILITATION
RULES 2020, BY GENERAL MANAGER DIC,
IDUKKI DATED 08.11.2023
Exhibit P2 TRUE PHOTOCOPY OF THE PAYMENT FOR MSME
LICENSE FEE DATED 8.11.23
Exhibit P3 TRUE PHOTOCOPY OF THE CONSENT TO
ESTABLISH DATED 16.12.2023 OF KERALA
STATE POLLUTION CONTROL BOARD
Exhibit P4 TRUE PHOTOCOPY OF THE NOC' DATED
03.02.2024 OF DEPARTMENT OF FIRE AND
RESCUE SERVICES, GOVERNMENT OF KERALA
Exhibit P5 TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONER AND' PARTY
RESPONDENT DATED 05.09.2024
Exhibit P6 TRUE COPY OF THE JUDGMENT IN wWPC
NO.41818/2023 DATED 01.03.2024
Exhibit P7 TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 2ND RESPONDENT DATED
26.03.2025
Exhibit P8& TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
26.03.2025
Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE
2ND RESPONDENT DATED 26.03.2025
Exhibit P19 TRUE COPY OF THE RECEIPT ISSUED BY THE
4TH RESPONDENT DATED 27.03.2025
amainleirvarrat
See
Her From
ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL)
(om floor, above SBI, High Court Building, Emakulam, Kochi-31. (Ph: 0484 4-2562238)
EMC/Reg No. t.70} 94 a ee Dated... as
aevsrslsern
The Nodal Officer,
High Court Mediation Centre
To
The Registrar (Judicial),.
High Court of Kerala, Ernakulam.
Sir, . . ;
Sub: Mediation of .case referred by the Hon'ble High. Court of Kerala -
rég.
Ref: . Referral Qrder in. wt TEE PRE E on -- saeees
dated nh lao
"~ yo ¥ . . 5 . + qumresenetsamen nes | ; ;
. ( . | am 'to'forward, herewith. Report of the Mediator in the matter along with
, the enclosures for information and necessary action.
i
Yours Faithfully,
Nodal Officer, '
High Court Mediation Centre -
Encl:--1. Report of the Mediator, Settlement|Agreement. *
2. Copy. of the referral: order dated MIX 2h .. of the High Court of Kerala
3. Copy of the Petition.
\
'ae
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Nazeer K.A. : Petitioner
Ws,
State of Kerala & Others : Respondent
EPORT SUBMITTED BY THE MEDIATOR
REPORT SUBMITTED BY THE MEDIATOR
Mediated, matter is settled.
Memorandum of settlement
signed by the parties is forwarded herewith.
Dated this the 11% day of September, 2025.
Ady. George Zachariah Eruthicket
Mediator
High Court Mediation Centre
a
BEFORE THE HONOURABLE HIGH COURT OF
KERALA AT ERNAKULAM
Nazeer K.A. : Petitioner
Vs.
State of Kerala & Others : Respondent
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,
2008:
The petitioner and the 5' respondent have reached an amicable
settlement through mediation, to resolve their dispute which is subject
matter of this writ petition. The terms of settlement are as follows:
Terms of Settlement
1. On the demand of the petitioner, the 5" respondent -has agreed to
retire from the Partnership Firm registered as M/s. Wood Zone Ply
and Boards, Kumaramabalam, Thodupuzha. The petitioner would
induct his wife as the new partner in the firm, in lieu of the 5"
respondent, and cause reconstitution of the firm, as a going
concern, at his own expense, within two months from today.
. If the reconstitution of the firnr does not happer within the specified
two months' time, the firm shall stand dissolved on 11/11/2025, and
accounts settled as specified hereunder.
_ The accounts of the firm on the occasion of retirement/dissolution
are hereby settled, at .a sum of Rs. 3,70,00,000/- {Rupees Three
Crores Seventy Lakhs Only), payable to the 5" respondent by the
petitioner, and also by the new partner that may be inducted into
the firm. The accounts are settled as on today, although the
documentation of reconstitution of the firm, may happen on a later
date. The petitioner is solely responsible for all the debts and
liabilities that may. be incurred by the firm from today.
Petitioner 5 Respondent
Nazeer K.A _Neses?|_-- Abdul Rehman Ikbal Sorathiya
. The original title deed (Sale Deed no. 2318/2023 of Thodupuzha
SRO) of the property is with Federal Bank, Thodupuzha Branch, in
connection with a loan sanctioned by the bank, but not availed by
the parties. The 5" respondent hereby permits the petitioner to
collect the title deed back from the Federal Bank. The petitioner is
permitted to have interim custody of the original title deed, to be
held in trust for the 5 respondent as well. The petitioner may
mortgage his share in the property, or do any private finance over
his share in the property, to finance this settlement with the 5"
respondent. |
. The petitioner has paid a sunt of Rs. ¥5, 00, 000/- (Fifteerr Lakhs' only}
to the 5" respondent, today, vide cheque no. 959651 of [OB Bank,
drawn from the firm's account, towards the part- -settlement of
accounts of the 5a respondent, to cause his
retirement-from/dissolution-of the firm. |
. The petitioner agrees to pay a further sum of hs. 2,35,00,000/-
(Rupees Two Crores Thirty Five lakhs only) to t ve 5m respondent
within two months from today, as second instalment towards
settlement of accounts with the 5" respondent, for his retirement-
from/dissolution-of the firm. On such payment of Rs. 2.35Crores, the
5" respondent agrees to assign his one-half share in the property
covered by Sale Deed no. 2318/2023 of Thodupuzha SRO, in favour
of the petitioner or to his nominee. The expense for causing the
registration of this sale deed/release deed shall/be borne by the
petitioner.
. The petitioner undertakes to pay the remaining sum of Rs.
1,20,00,000/- (One Crores Twenty Lakhs only) to the 5" respondent,
within 12 {Twelve months) therefrom the date of execution of sale
deed/release deed in favour of the petitioner/his nominee. As a
security towards the said amount, the petitioner's wife has
negotiated four cheque leaves bearing numbers 065343, 065342,
065341 and 065344 in favour of the 5 respondent.
Petitioner Bee resale
Nazeer K.A oe, Abdul Rehman Ikbal Sorathiya
8. If the amounts payable to the 5 respondent under this agreement
are not paid within the above prescribed timelines, then it shall
create additional Hability upon the petitioner land aiso to the new
partner) to pay simple interest at the rate of 12% (twelve percent)
per annum, from 11/11/2025 till date of realisation. The money
payable to the 5" respondent shall be a charge on the properties
and assets of the petitioner and/or his nominee who purchases the
property. |
9. Fhe parties hereby cancel agreenrent dated 25/9/2024, and atk prior
agreements between themselves, in the light of this final
settlement. The parties expressly revoke arbitration clauses, if any
subsisting between them. |
10. The parties hereby settle all the disputes related to the subject
matter of the case fully and finally |
11. In case, any of the parties fail to comply with [this settlement
agreement, then the aggrieved party can approach the appropriate
Court to invoke appropriate legal proceedings.
Petitioner 5 Respondent ah
Nazeer K.A = Abdul Rehman Ikbaf Sorathiya
o r
te
(4
12.The 5" respondent also agree to sign all papers/affidavitetter
for transfer of all permits/licenses/NOC of the unit in favour of the
petitioner or to any other person pointed out by petitioner.
13.The 5" respondent has agreed not to cause| any distu
rbance
or law and order problems for the petitioner, and vice versa. The
above writ petition for police protection, can be/closed recording
the settlement and undertaking of the parties. [The parties shall
suffer their respective costs.
Respondents Nos.1 to 4 are only formal parties and not signatoreis
'to this settlement agreement.
Dated this the 11th day of September 2025
Petitioner 5% Respondent
id
Nazeer KA_fegee(__ Abdul Rehman |Ikbal Sorathiya
nsel for the Petitioner
This settlement agreement is authenticated by me.
Adv.George Zachariah Eruthickelt{Mediator
Counsel for the 5 Respondent
b-G--S id
