IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH JUNE 2007 / 25TH JYAISHTA 1929 WP(C).No. 6445 of 2007(P) ------------------------- AGAINST THE ORDER DATED 20/12/2006 IN IA. 1888 2006 IN OS.442/2005 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ DOCTOR'S TRUST REPRESENTED BY MANAGING TRUSTEE & CHAIRMAN DR.A.A. MARTHANDAN PILLAI, ORUVATHILKOTTA, ANAYARA P.O., THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SRI.M.AYYOOBUKHAN SRI.K.JITHIN SMT.K.L.SREEKALA SRI.V.SADASIVAN RESPONDENTS: ------------- CRYSTAL INFRSTRUCTURES PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR MR.HARISH R. PADIYATH, PLADIYATH CHAMBERS, D.NO.XL/4409, 2ND FLOOR, MARKET ROAD, COCHIN-35. BY ADV. SRI.K.L.VARGHESE SMT.SANTHA VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE I.A. NO: 1888/2006 IN O.S.442/05 EXT.P2: -DO- OF THE OBJECTION FILED BY PLAINTIFF EXT.P3: CERTIFIED COPY OF ORDER DT.20.12.2006 IN I.A.1888/2006 IN O.S.442/2005 jj /TRUE COPY/ PA. TO JUDGE M.N.KRISHNAN, J. ----------------------------- WP(C)No. 6445 OF 2007 P ----------------------------- Dated this the 15th June, 2007. JUDGMENT This writ petition is filed seeking to quash Ext.P3 and ancillary reliefs. When the matter came up before the Court on 13.4.2007 this Court directed that it is a fit case for mediation and therefore directed the parties to settle the matter in the presence of Shri. Justice R.Bhaskaran, a former Judge of this Court. In accordance with the direction the parties appeared before the former Judge and they could not settle the matter on account of technical difficulties before the mediator and therefore agreed the subject matter of dispute between the parties to be referred to an Arbitrator and they suggested the name of Shri. Justice T.V.Ramakrishnan, a former Judge of this Court for finding on the points in dispute between the parties. Along with the report Justice R.Bhaskaran had also forwarded an agreement entered into between the parties and the terms of agreement is as follows:- "We hereby agree that all the disputes in connection with the construction of Doctors Village and which are the subject matter of O.S.221/2005 and O.S.442/2005 pending before the Hon'ble Subordinate Judge's Court, Thiruvananthapuram be decided by Justice T.V.Ramakrishnan as Arbitrator appointed by the parties and it is further agreed that the above two suits be withdrawn by the respective WPC 6445/07 2 plaintiffs in the suits on the basis of appointment of the Arbitrator." 2. In the light of this statement the writ petition is disposed of and the parties are at liberty to request Justice T.V.Ramakrishnan to be the Arbitrator to resolve the disputes pending between them as stated in the agreement. The parties are also at liberty to file a statement before the Subordinate Judge's Court, Thiruvananthapuram for withdrawal of the suits as per the terms of the agreement. M.N.KRISHNAN Judge jj