IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Co.Appeal.No. 6 of 2009() ------------------------- AGAINST THE JUDGEMENT IN CP.24/2004 Dated 08/05/2009 .................... APPELLANT/PETITIONER ---------------------------------------- SUDHEER JOY HARIDAS,SYAM SCION, T.C.12/1443(2) LAW COLLEGE ROAD, P.M.G.JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SMT.K.P.SANTHI SRI.S.M.PREM RESPONDENT(S): RESPONDENTS -------------------------- 1. ARDEE HOTELS PRIVATE LIMITED, T.C.12/1442,LAW COLLEGE ROAD, THIRUVANANTHAPURAM-33,REPRESENTED BY ITS MANAGING DIRECTOR JOY HARIDAS. 2. SAMUEL DEVADAS, S/O.SAMUEL, 7/D,ADARSH NAGAR, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.G.S.REGHUNATH FOR R2 SRI.VIVEK VARGHESE P.J. FOR R1 SRI.P.J.VINOD JOSEPH FOR R1 THIS COMPANY APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2010 ALONG WITH COA NO. 9 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - Company Appeal Nos. 6 & 9 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 JUDGMENT Basheer, J. All is well that ends well, goes the adage. The bad blood, acrimony and mutual mistrust that existed between the parties for more than a decade have been given a decent burial, thanks to the exemplary pragmatism shown by the parties at the request made by this court. We must also place on record the marvellous co-operation extended by the counsel on both sides in this regard. 2. A private limited company which came into existence some time during 1990 had seen better days in the past. But it appears that differences of opinion cropped up on the way, which led to a series of litigations. We must say that wisdom and good sense have prevailed ultimately and the parties have decided to bury the hatchet once and for all . Both sides have agreed to walk out of this court hall with bon-homie, forgetting the entire past. 3. Since the parties have filed a compromise petition as Co.Appeal Nos. 6 & 9 of 2009 2 provided under Rule 3 of Order XXIII of the Code of Civil Procedure read with Rule 9 of the Company Court Rules, we do not deem it necessary to delve into the past and narrate the history of the litigation. The terms agreed upon between the parties shall, however, be briefly referred to . 4. By order dated May 8, 2009 in C.P.No.24/2004, the Company Court had ordered winding up of the company viz. Ardee Hotels Private Limited. However, the winding up was made conditional by the learned Judge in view of the pendency of O.S.No.46/1998 on the file of Subordinate Judge's Court, Thiruvananthapuram. The learned Judge had also made it clear that the order of attachment of the properties passed in C.A.Nos. 362/2006 and 374/2007 shall continue. 5. The parties have now agreed that the said order of attachment be revoked/lifted and the order of winding up be made absolute. It is further agreed by the parties that the suit referred to above instituted by Sri.Samuel Devadas ( appellant in Co.Appeal No.9/2009) be withdrawn. In view of the above agreement between the Co.Appeal Nos. 6 & 9 of 2009 3 parties, it is ordered that O.S.No.46/1998 be struck off the file of the Subordinate Judge's Court, Thiruvananthapuram. Half court fee paid on the plaint by the plaintiff shall be refunded to him on production of a copy of this judgment. Since the said suit has been struck off the file, the order of winding up shall become absolute. 6. It is further agreed between the parties that the name of the company be struck off the records of the Registrar of Companies for Kerala and Lakshadweep as provided under Section 481 of the Companies Act. Appropriate action in this regard shall be taken by the Official Liquidator on receipt of a copy of this judgment. 7. It is further agreed between the parties that assignment deed in respect of car parking slot No.CP 5 in Syam Scion Residential Complex will be executed by Sri.Sudeer Joy Haridas ( appellant in Co.Appeal. No.6/2009) in favour of Samual Devadas within one week from today. The consideration of Rs. 80,000/- for the above car parking slot has already been received by Sri.Sudheer Joy Haridas. today. The expenses for registration of the document shall be borne by Sri.Samuel Devadas. Co.Appeal Nos. 6 & 9 of 2009 4 8. It is further agreed by Sri.Samuel Devadas that he will accept and abide by the judgment and decree passed in O.S.Nos. 1640, 1641 and 1644 of 1997 by the Munsiff Court, Thiruvananthapuram and no contention or dispute regarding the subject matter involved in those suits will be raised by the parties hereafter. Accordingly, R.S.A.No.1275/2009 pending on the file of this court is agreed to be disposed of in view of this compromise. 9. Sri.Samuel Devadas further agrees that all necessary documents in respect of the property where the residential complex is situated shall be signed by him for transferring the ownership of the property if and when requested by the Owners Association. Sri.Samual Devadas further agrees that he will pay off the sum of Rs. 18,000/- being the arrears payable by him towards maintenance charges to the Owners Association. 10. Sri.Samuel Devadas has accepted a sum of Rs. 20 lakhs today by way of three Demand Drafts from Sudheer Joy Haridas in terms of the compromise and by way of full and final settlement after deducting the sum of Rs. 80,000/- being the value of the car parking Co.Appeal Nos. 6 & 9 of 2009 5 slot referred to above. 11. The compromise petition signed by the parties and their respective counsel incorporating the terms of settlement shall form part of this judgment. The appeals are disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. Co.Appeal Nos. 6 & 9 of 2009 6