IN THE HIGH COURT OF KERALA AT ERNAKULAM
RFA.No. 556 of 2007()
1. M/S.JAMES MULTIPLEX PACKING A
... Petitioner
2. MR.C.M.ABDUL MAJEED, PARTNER,
3. MR.K.O.JACOB, PARTNER, DO. DO.
Vs
1. M/S.R.HARILAL AND CO.(CALCUTTA) HEAD
... Respondent
2. HARILAL CHHANGANLAL SHAH, S/O.LATE
3. SANJAYKUMAR, HARILAL SHAH, S/O.HARILAL
4. SMT.REKHA SANJAY SHAH,
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :SRI.MATHEW KURIAKOSE
Dated :03/06/2008
O R D E R
SRI.S.VENKITA SUBRAMANIA IYER
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
AND
SRI.K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
———————————————–
R.F.A. Nos. 556/2007 & 92/2008
———————————————–
Dated this the 3rd day of June, 2008
AWARD
The learned counsel for the appellants and respondents are
present. The Power of Attorney of the respondents in R.F.A.
No.556/07 and appellants in R.F.A. No.92/2008 as well as
appellants in R.F.A. No.556/07 and respondents in RFA
No.92/2008 are present. After negotiations and discussions, it is
agreed to by and between the parties in the presence of the
learned counsel that an amount of Rs.10,00,000/- (Rupees Ten
Lakhs only) will be paid by the appellants in R.F.A. No.556/07
who are the respondents in R.F.A. No.92/2008 on or before
30.6.2008. It is also agreed that the respondents in R.F.A.
No.556/2007 who are the appellants in R.F.A. No.92/2008 shall
withdraw unconditionally C.C. No.261/2001 (Sanjoy Saha Vs.
Abdul Majeed and others) pending before the Additional Chief
Metropolitan Magistrate, Calcutta which is a case initiated under
Section 138 of the Negotiable Instruments Act. The criminal
R.F.A. No.556/2007 & con. case -2-
matter pending before the Honourable High Court of Calcutta at
the instance of the appellants in R.F.A. No.556/2007 is also to
be withdrawn unconditionally by them. Simultaneous to the
payment as well as the withdrawal of the Section 138
proceedings, the order of attachment effected will stand
automatically vacated.
Posted to 2.7.2008 for compliance. The court fee remitted
by the appellants in respective appeals also be refunded to the
respective parties. Cost incurred by the appellants and
respondents in the cases hitherto be borne by respectively by
themselves.
The appeals are disposed of as settled.
Sd/-
SRI.S.VENKITA SUBRAMANIA IYER
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
Sd/-
SRI.K.J.THOMAS STANLEY
(RETD. DISTRICT JUDGE)
jp
/True Copy/
P.A. to Judge