BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS(RETD. JUDGE) AND SHRI. K.J.THOMAS STANLEY (RETD. ADDL. DISTRICT JUDGE THURSDAY, 27TH MARCH 2008 / 7TH CHAITHRA, 1930 FAO.No. 67 of 2008() -------------------- AGAINST THE ORDER DATED 20/02/2008 IN IA 1059/08 IN OS.566/2007 of I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/RESPONDENT: -------------------------------------- K.V. MATHEWS, AGED 63 YEARS, SON OF LATE VARGHESE, RESIDING AT KAROTHUKUTTU HOUSE, KADUTHURUTHY P.O., PIN-686604. BY ADV. SRI.SREELAL WARRIAR SRI.SIVARAM SRI.THYPARAMBIL THOMAS THOMAS RESPONDENTS: APPLICANTS: ------------------------ 1. DILIPKUMAR R.LAKHANI, AGED 55 YEARS, SON OF RAMCHAND LAKHANI, RESIDING AT CC DOOR NO.38/567, R2, FLAT NO.3B CHOICE TOWERS, MANORAMA JUNCTION, COCHIN-16. 2. MR. K.A.SEBASTIAN, AGED 55 YEARS, SON OF ANTONY, RESIDING AT KOCHUPARAMBIL HOUSE, KANNAMALI P.O., KUMBALANGI VILLAGE, ERNAKULAM DIST. PIN-682008. BY ADV. SRI.MOHAN IDICULLA ABRAHAM SMT.JIJI N.VARGHESE SRI.MARTIN D.ALUMKARA SMT.PUSHPY B.MURICKEN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: ORDER ON I.A. NO: 1038 OF 2008 IN F.A.O.NO: 67 OF 2008 CLOSED: 27/3/2008 SD/-T.K.CHANDRASEKHARA DAS RETD. JUDGE SD/- K.J.THOMAS STANLEY RETD. ADDL. D.J. jj JUSTICE T.K.CHANDRASEKHARA DAS (RETIRED JUDGE, HIGH COURT OF KERALA) AND JUSTICE K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- F.A.O. NO: 67 OF 2008 ------------------------------------------------------------- Dated this the 27th March, 2008. A W A R D All parties and their counsel are present. They have come to a settlement of all disputes in O.S.No: 566/2007 on the file of I Additional Sub Court, Ernakulam including those arising out of agreement dated 13.9.2006, on the following terms:- a) The plaintiff (first respondent herein) is entitled to receive from the first defendant (appellant herein) an amount of Rs.1 crore (Rupees one crore only) in full and final settlement of all his claims arising out of the agreement of sale dated 23.11.2006 and on making such payment the plaintiff shall have no further claim in respect of the said agreement dated 23.11.2006. b) The second defendant (second respondent herein) is entitled to receive from the first defendant an amount of Rs.5 lakhs (Rupees five lakhs only) in full and final settlement of all FAO 67/08 -2- claims arising out of the agreement of sale dated 13.9.2006 executed between the defendants 1 and 2 and this payment shall be made within three months, failing which the second defendant is entitled to interest at the rate of 6% per annum from the date of default till payment. c) Out of Rs.1 crore (Rupees one crore only) payable by the first defendant to the plaintiff a minimum of Rs. 30 lakhs shall positively be paid with interest at the rate of 6% per annum within three months from today. The balance amount out of Rs. 1 crore (Rupees one crore only) shall be paid within six months from today and in default the balance amount will attract interest at the rate of 12% per annum beyond three months. The amount due under the terms of settlement from time to time will be charged on the plaint schedule properties. 2. The interim injunction now in force against the 1st and 2nd defendants will stand vacated. 3. By virtue of this settlement it has been agreed by both parties that complaint filed by the plaintiff before the FAO 67/08 -3- Palarivattom police station against defendants 1 and 2 on receipt of the payment as mentioned above, will not be further prosecuted. Court fee paid by the plaintiff will be refundable to him. 4. Parties are entitled to execute this award as a decree. Appeal is settled as above JUSTICE T.K.CHANDRASEKHARA DAS RETIRED JUDGE, HIGH COURT OF KERALA JUSTICE K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj