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) WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 FAO.No. 50 of 2007() -------------------- AGAINST THE ORDER DATED 31/03/2006 IN IA.749/05 IN OS.32/2004 of SUB COURT, THIRUVALLA .................... APPELLANT/3RD DEFENDANT: ---------------------------------- RADHA PURUSHOTHAMAN, W/O.M.N.PURUSHOTHAMAN, AGED 48 YEARS, MULLANKUTTIL HOUSE, POOVATHOOR P.O. KOIPURAM, THIRUVALLA TALUK. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS/PLAINTIFF & DEFENDANTS 1 & 2: ------------------------------------------------------ 1. THE FEDERAL BANK LTD., REPRESENTED BY IT'S MANAGER, HARIPPAD BRANCH. 2. M.N.PURUSHOTHAMAN, S/O.NARAYANAN, MULLANKUTTIL HOUSE, POOVATHOOR P.O., KOIPURAM, THIRUVALLA TALUK. 3. P.N.UNNIKRISHNAN, S/O.P.S.NARAYANAN, MULLANKUTTIL HOUSE, POOVATHOOR P.O., KOIPURAM, THIRUVALLA TALUK. ADV. SRI.THYPARAMBIL THOMAS THOMAS FOR R3 SRI.SAJITH KUMAR V. FOR R1 SRI.V.RAJ MOHAN THAMPI FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 19/11/2008, THE FOLLOWING ORDER IS PASSED: F.A.O.50/2007 2 I.A.NO.498/2007 IN F.A.O.NO.50/2007 CLOSED. Sd/- M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- K.J.THOMAS STANLEY (RETD.DISTRICT JUDGE) 19.11.2008 TRUE COPY P.A.TO JUDGE BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI. K.J. THOMAS STANLEY (RETD. DISTRICT JUDGE) ---------------------------------------- F.A.O. No.50 OF 2007 ---------------------------------------- Dated this the 19th day of November, 2008. O R D E R This appeal arises out of the order dated 31.3.2006 dismissing I.A.No.749/2005 filed by the defendants in O.S.No.32/2004 of the Sub Court, Thiruvalla for setting aside the ex parte decree passed in the suit. After discussion, the parties have agreed to settle the dispute in the suit on the following terms and conditions: i) The appellant in this appeal has agreed to pay to the respondent the actual decree amount as on today less a sum of Rs.15,000/-. ii) The appellant shall pay Rs.5.5 lakhs (Rupees five and half lakhs) on or before 31.3.2009 without any interest element on that amount. iii) The balance amount shall be paid by the appellant on or before 30.9.2009 together with simple interest at the rate of 17% per annum from the date of this order. F.A.O.50/2007 2 iv) If the appellant pays the entire amount as per condition (i) above on or before 31.3.2009, no interest shall be payable by the appellant. v) In default of payment of the amount as per condition (ii) above, the appellant shall pay interest at the rate of 15% per annum from 31.3.2009 till date of payment. The parties have agreed to abide by the above conditions and so, the ex parte decree in O.S.No.32/2004 of the Sub Court, Thiruvalla is hereby set aside and records will go back to the Sub Court, Thiruvalla. The learned Subordinate Judge will place this case before the Lok Adalat so as to enable the parties to get refund of full court fee. Parties agreed that the appellant will be entitled to the amount of court fee paid in the suit by the respondent bank. F.A.O is closed as above. M.P. RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) SRI.K.J. THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs