IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 10145 of 2009(O) --------------------------------------- OS.NO.13/2008 OF SUB COURT, CHENGANNUR. .................... PETITIONER/DEFENDANT/JUDGMENT DEBTOR: --------------------------------------------------------------------- AJI KUMAR, S/O.T.K.THANKAPPAN, PADANASSERIL, KADAMPOOR MURI, ENNACKAD, BUDHANOOR, CHENGANNUR. BY ADVS. MR.VINOY VARGHESE KALLUMOOTTILL, MR.E.N.VISHNU NAMBOODIRI. RESPONDENT/PLAINTIFF/DECREE HOLDER: ---------------------------------------------------------------- RADHAKRISHNAN, S/O.VASUDEVAN PILLAI, PERIYINETHU, KADAMPOOR MURI, BUDHANOOR. BY ADVS. MR.R.BINDU (SASTHAMANGALAM), MR.M.SUNILKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.10145 of 2009 - O --------------------------------- Dated this the 11th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To call for the records relating to Exts.P1 to P6 and issue a writ of certiorari to quash Ext.P5 award passed by the Lok Adalath in O.S.No.13/2008 of the Sub Court, Chengannur. ii) To issue a writ or appropriate direction to the legal services Committee, Chengannur to pass fresh award in O.S.No.13/2008 and also direct the Sub Court, Chengannur (execution court) not proceed with the execution of award in O.S.No.13/2008 and also take every endeavour to settle the case.” 2. The facts of the case in brief are thus: The respondent/plaintiff has filed a suit for money as o.S.NO.13/2008 before the Sub Court, Mavelikkara. Suit claim was on the basis of a cheque issued by the defendant, petitioner herein. Pursuant to establishing of a new court the case was transferred to the Sub court, Chengannur. Later, the case was referred to the Adalat for settlement. The parties resolved their disputes in the adalat and settled the matter on the terms agreed upon. Ext.P5 is the award passed in the Adalat. The award W.P.(C).No.10145 of 2009 - O 2 provided that in complete settlement of the dispute, the petitioner (defendant) shall pay Rs.1,50,000/- towards the suit claim within 15 days from the date of the award, and the balance due on the suit claim was relinguished by the respondent (plaintiff). On receiving such sum it was provided that the complaint filed by the respondent initiating proceedings under Section 138 of the Negotiable Instruments Act against the petitioner (accused in the complaint) will also be dropped. A rigorous condition was also imposed in the award that in default of payment within the time the plaintiff will have the right to realise the plaint claim from the attached properties. Refund of court fee to the respondent (plaintiff) was also ordered in the award. Petitioner (defendant) could not pay the amount as agreed within the time stipulated and the respondent (plaintiff) moved for execution of the award. At that stage, petitioner approached this Court with the above writ petition seeking the aforementioned reliefs invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India setting forth a grievance that there is serious infirmity and grave illegality in the award passed by the Lok Adalat. However, at the time when the writ petition was taken W.P.(C).No.10145 of 2009 - O 3 up, learned counsel for the petitioner submitted that he is prepared to pay the entire amount as per the award with interest to the respondent and he does not wish to challenge the award on technical grounds. Pursuant thereto, parties have arrived at a settlement and in accordance with the terms thereof, petitioner deposited a sum of Rs.1,65,000/- before the execution court towards full satisfaction of the award passed in the Lok Adalat. Ext.P7 is the copy of the receipt as to the deposit made. Learned counsel for the respondent submits that the deposit made is accepted as full and final settlement of the claim under the award and the respondent will take necessary steps to drop the proceedings arising from the criminal complaint filed against the petitioner. Respondent is at liberty to get the amount deposited before the execution court and execution court shall pass appropriate orders recording satisfaction of the award, and lifting of attachment. The writ petition is disposed as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-