IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 AR.No. 44 of 2009() ------------------- PETITIONER: ------------------ M/S. KITES SOFTWARES (P) LTD. REP BY ITS MANAGING DIRECTOR SREEJITH K, S/O.SURENDRANATH, IST FLOOR, ALASHAKODATH TOWER, CIVIL PIPE LINE ROAD, EDAPPALLY POST, COCHIN. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT: -------------------- VINEETH KARUNAKARAN, AGED 20, S/O.K.G.KARUNAKARAN, KONGATUKUNNEL HOUSE MEKADAMPU POST, MOOVATTUPUZHA. BY ADV. SRI.C.PRABIN BENNY THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - AR No. 44 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of December, 2010 O R D E R This arbitration request is filed by the petitioner for appointment of an Arbitrator in respect of certain disputes between the petitioner and the respondent. The parties agreed to have the matter considered for settlement through mediation under Section 89 of the Code of Civil Procedure. Accordingly this court referred the parties to the Kerala Mediation Centre. Now the Mediator has filed a report producing an agreement entered into between the parties which reads thus: “The Respondent Mr. Vineeth Karunakaran agreed to pay Rs.20,000/- (Rupees Twenty Thousand only) to the petitioner company within one week from today and also agreed pay a further amount of Rs.15,000/- (Rupees Fifteen Thousand only) within 3 months thereafter. On the basis of this condition the entire matter is settled between the parties.” In the above circumstances, this court has to dispose of the matter in terms of that agreement. Accordingly this arbitration request is disposed of in terms of the said agreement arrived at between the parties. It is submitted AR No. 44 of 2009 -2- that, the amount of Rs.20,000/- has already been paid. The respondent has undertaken to pay the balance within three months. If the respondent does not pay the balance amount of Rs.15,000/- within the agreed period of three months it would be open to the petitioner to move this court for contempt of court for non-compliance with the undertaking recorded as above. S. SIRI JAGAN JUDGE shg/