BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 636 of 2006() ------------------------ CMP.15220/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER/PETITIONER/COMPLAINANT: ------------------------------------------ ASOKAN, S/O.VASUDEVAN, ASWATHY CONSULTANTS, KANKALIL BUILDING, KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS/COUNTER PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------------------------ 1. SHAJI, S/O.ABDUL RAHMAN KUNJU, KAIPPALLIL VEEDU, MADATHIL KARAZHMA, OACHIRA. 2. NAZAR, S/O.JALALUDHEEN, PURANGATTAYYATHU, MADATHIL KARAZHMA, OACHIRA. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.ABDUL JAWAD FOR R1 PUBLIC PROSECUTOR SRI.S.DILEEP FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN COME UP FOR DETERMINATION AT LOK ADALAT ON 22/07/2008, ALONG WITH CRMC NOS. 638 & 770 OF 2006, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: CRL.M.C.No.636/2006 2 CRL.M.A.No.996/2006 IN CRL.M.C.No.636/2006 CLOSED Sd/- M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) 22/7/2008 TRUE COPY P.A.TO JUDGE BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) =========================== Crl.M.C.Nos.636, 638 & 770 of 2006 ============================ Dated this the 22nd day of July, 2008 AWARD Parties and their counsel are present. Pursuant to the order of the Court dated 11.07.2008 referring the cases before the Adalat to workout a settlement, we have had extensive discussions with the parties and their counsel. We are happy to state that the parties have agreed for settlement as follows: 2. Respondent (Shaji) in Crl.M.C.Nos.636 and 638 of 2006 will pay a total amount of Rs.67,500/-(Rupees sixty seven thousand and five hundred only) to the petitioner (Asokan) towards his liability in both the cases as follows. Out of this amount, respondent (Shaji) has agreed to pay Rs.50,000/- (Rupees fifty thousand only) to the petitioner (Asokan) on or before 29.07.2008 in cash or by demand draft drawn in favour of Asokan. The balance amount of Rs.17,500/-(Rupees seventeen thousand and five hundred only) shall be paid within a period of three months from today. Crl.M.C.Nos.636, 638 & 770/2006 2 3. On payment of a sum of Rs.50,000/- as stated above on or before 29.7.2008 the custody of the vehicle as well as the documents in relation to the said vehicle will be made over to Shaji by making necessary applications before the Judicial First Class Magistrate Court, Karunagappally. On payment of the balance amount of Rs.17,500/- in cash or by demand draft drawn in favour of Asokan, all the three cases will stand settled. Consequently, all the disputes between the parties will stand settled. 4. Failure of payment of any of the two instalments mentioned above will result in automatic cancellation of this order and the cases will stand transferred to court for consideration. 5. It is stated by the learned counsel for Shaji that for the period during which the vehicle was in the custody of court and consequently not put in operation, it will be open to Shaji to approach the authorities concerned for exemption of the tax for the relevant period. In view of the fact that the vehicle has been in the custody of the court during the period of the above litigations it is also open to Shaji to make necessary applications Crl.M.C.Nos.636, 638 & 770/2006 3 before the authorities concerned for consideration of the circumstances stated above for the purpose of obtaining the fitness certificate and permit. 6. In view of the settlement arrived at as stated above, the parties will take necessary action to withdraw the cases upon payment of the full amount by Shaji and receipt thereof by Asokan. 7. The matter may be posted before the Adalat on 29.07.2008 for reporting payment of the first instalment of Rs.50,000/-. The Crl.M.C's are settled as above. M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETIRED DISTRICT JUDGE) dvs