IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 31680 of 2005(U) -------------------------- AGAINST THE ORDER IN EP 143 2003 IN AP.62/1998 of DISTRICT COURT, THALASSERY .................... PETITIONER: --------------- V.M. THOMASKUTTY, S/O. MATHEW, VELLIMUZHIYIL HOUSE, EDAVARAMBU P.O., VIA. CHERPUZHA, KANNUR-670 511. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------- 1. M/S. I.C.D.S. LTD., REGISTERED OFFICE, SYNDICATE HOUSE, MANIPAL-579119 UDUPI TALUK, UDUPI DISTRICT. 2. V.M. JOSE, S/O. MATHEW, VELLIMUZHIYIL HOUSE, EDAVARAMBU P.O., VIA. CHERPUZHA, KANNUR-670 511. 3. V.J. THOMAS, S/O. V.Y. JOSEPH, VAZHAKADAVATHU HOUSE, PALAVAYAL P.O., VIA. CHERPUZHA, KANNUR-670 511. ADV. SRI.S.R.DAYANANDA PRABHU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.31680/2005 APPENDIX EXT.P1 TRUE COPY OF THE AWARD DTD. 30/4/99 IN AP.NO.62/98 OF THE ARBITRATOR. EXT.P2 TRUE COPY OF THE PETITION E.P.143/2003 IN A.PNO.62/98 FILED BEFORE THE COURT OF THE DISTRICT JUDGE, TELLICHERRY (PDC), BY THE IST RESPONDENT. EXT.P3 TRUE COPY OF OBJECTION DTD. 17/6/2005 IN E.P.NO.143/2003 FILED BEFORE THE HON'BLE PRINCIPAL DISTRICT COURT, THALASSERY BY THE PETITIONER. EXT.P4 TRUE COPY OF SALE PROCLAMATION DTD. 21/10/2005. RESPONDENTS' EXTS: EXT.R1A TRUE COPY OF HIRE PURHASE AGREEMENT DTD. 24/5/95 EXECUTED BY THE PETITIONER IN FAVOUR OF THE IST RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.31680 OF 2005 ---------------------------- DATED THIS THE 19TH DAY OF MARCH, 2009 JUDGMENT Ext.P1 award is under challenge. When the mater was taken up for final hearing, it is submitted at the bar that the parties have settled the disputes. It is also submitted that the total amount payable as per the settlement is Rs.2,05,000/-. Out of that amount, Rs.75,000/- has already been paid by the petitioner. Out of the balance amount, Rs.30,000/- is agreed to be paid on or before 31/3/2009 and the outstanding balance payable agreed to be paid on or before 30/6/2009. If the amounts are not paid on the respective dates mentioned above, the lst respondent is at liberty to proceed against the petitioner to realise the entire amount due under the award. In view of the above settlement, further proceedings shall be kept in abeyance for the purpose of effecting payment. On payment of the entire amount, the lst respondent shall file a memo before the execution court endorsing satisfaction -2- W.P.(C).No.31680/2005 of the amount as agreed. No further orders are necessary. Writ Petition is disposed of above. HARUN-UL-RASHID, Judge. kcv.