IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO No. 203 of 2006()
1. THANKAMMA ALEXANDER,
... Petitioner
2. ALEXANDER, ATHIKALAM,
Vs
1. FEDERAL BANK, THEKKEKARA BRANCH,
... Respondent
2. MATHEW VARKEY, VADAKKEDATHU,
3. TOMY ANTONY, KAVALECHIRA,
4. SIGMA PIOUS, VADAKKEPARAMBIL,
5. VARGHESE GEORGE, MUNDAKATHIL,
6. JANCY GREGORY, THATTEZHATHU,
For Petitioner :SRI.JOMY GEORGE
For Respondent :SRI.MOHAN JACOB GEORGE
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
Dated :04/01/2007
O R D E R
M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) &
M.R.HARIHARAN NAIR (RETD. JUDGE)
F.A.O. No. 203 OF 2006
-----------------------------------
Dated this the 4th day of January, 2007
A W A R D
M.M.PAREED PILLAY (Rtd. Chief Justice)
The parties have settled the matter. 2nd appellant and Counsel for
appellants present. 1st Respondent-Bank Manager and Counsel present.
The parties have settled the dispute as follows:
Petitioners have agreed to pay a sum of Rs.1,00,000/- (Rupees One
lakh only) within 2 days and another sum of Rs.2,00,000/- (Rupees Two lakhs
only) within another 10 days. This will be accepted by the Respondent Bank
in full and final settlement of the decree dues in this case. In case of default,
it is agreed that the Bank-respondent can realise the amount due under the
decree from the appellants.
Appeal is disposed of as above.
M.M.PAREED PILLAY
(RETD. CHIEF JUSTICE)
M.R.HARIHARAN NAIR
(RETD. JUDGE)
jp
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+AS No. 342 of 2000(D)
#1. K.BALAKRISHNAN
... Petitioner
Vs
$1. THE CALICUT DEVELOPMENT AUTHORITY
... Respondent
! For Petitioner :SRI.SABU GEORGE
^ For Respondent :SRI.V.M.KURIAN
*Coram
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
% Dated :04/01/2007
: O R D E R
M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) &
M.R.HARIHARAN NAIR (RETD. JUDGE)
A.S. No. 342 OF 2000(D)
———————————–
Dated this the 4th day of January, 2007
A W A R D
M.M.PAREED PILLAY (Rtd. Chief Justice)
Both parties and their counsel are present. The amounts were due in
respect of a contract between the appellant’s predecessor and the
respondent-Development Authority . The appellant’s legal heirs are the
present claimants. After discussions it was suggested by the appellant’s
counsel that if a sum of Rs.94,259/- which is covered by a bill prepared by the
authority is paid to the appellants without deductions, the matter can be
settled. The respondent is also prepared to settle the matter, but it is pointed
out that there should be a deduction towards legal charges. This is a case
where amount became due long back and the appellant has also suffered
loss of interest. Taking into this aspect it was suggested by us that the sum
of Rs.94,259/- (Rupees Ninety four thousand two hundred and fifty nine only)
should be released as final settlement without any deduction towards legal
charges. After discussions this was agreed to. In the circumstances the
matter is settled on the following terms:
AS NO.342/2000/D -2-
i. The respondent shall release a sum of Rs.94,259/- (Rupees Ninety
four thousand two hundred and fifty nine only) on executing the final
supplementary agreement by the appellants on or before 31.1.2007. This will
be in full and final settlement of all dues from the respondent.
ii. Court fee paid in the appeal shall be refunded to the appellant’s
counsel on production of memo.
Appeal is disposed of as above.
M.M.PAREED PILLAY
(RETD. CHIEF JUSTICE)
M.R.HARIHARAN NAIR
(RETD. JUDGE)
jp