IN THE HIGH COURT OF KERALA AT ERNAKULAM
Arb.A.No. 25 of 2010()
1. GEORG VARGHESE KOLUTHARA,
... Petitioner
2. ANTONY VARGHESE KOLUTHARA,
3. KOLUTHARA EXPORTS (P) LTD.,
Vs
1. THE MARINE PRODUCTS EXPORTS DEVELOPMENT
... Respondent
For Petitioner :SRI.ANIL XAVIER
For Respondent :SRI.V.ABRAHAM MARKOS
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :18/01/2011
O R D E R
R. BASANT &
K. SURENDRA MOHAN, JJ.
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Arbitration Appeal No.25 of 2010-E
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Dated this the 18th day of January, 2011
JUDGMENT
Basant,J.
The learned counsel for the appellants submits that there
has been some settlement of disputes between the parties and
the respondent has already issued a letter dated 15/7/10
accepting the request of the appellants. That letter dated
15/7/10 has been placed before us. It says:
“We have examined your request in
detail and I am directed to inform that your
case will be considered by the Committee
constituted for the one time settlement of
dues under Equity Participation Scheme.”
Arbitration Appeal No.25 of 2010
-: 2 :-
Inasmuch as the committee has been constituted, the appellants
accept that the matter can be left to the Committee for decision
on the one time settlement of dues under the Equity
Participation Scheme. In these circumstances, we find no
merit in the appeal continuing. The appeal filed as early as on
01/2/08 has been continuing to be pending before this Court for
various reasons now. As it is reported that a Committee shall
be constituted for the one time settlement of dues, the
appellants accept and we are satisfied that this appeal can now
be dismissed.
2. We do, however, note that it is reported that the
Committee has not actually been constituted. The appellants
accept the statement in the letter dated 15/7/10 that such
Committee shall be constituted and does not seek any further
relief in this appeal.
3. We accept the submission of the learned counsel for the
appellants that the matter can be left to the decision of the said
Committee to be constituted for one time settlement of dues
under the Equity Participation Scheme. We accept the
submission of the respondent as reflected in the letter dated
15/7/10 that such Committee shall be constituted.
Arbitration Appeal No.25 of 2010
-: 3 :-
4. In the nature of the stand taken by both sides, we
dismiss this appeal as unnecessary now.
Sd/-
R. BASANT
(Judge)
Sd/-
K. SURENDRA MOHAN
(Judge)
Nan/
//true copy//
P.S. to Judge