BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.M.T.BALAN (RETD. DISTRICT JUDGE) TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 RFA.No. 563 of 2004() --------------------- OS.1411/1994 of PRL.SUB COURT,THIRUVANANTHAPURAM .................... APPELLANT: ------------- KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR,JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY MR.M.DINESH, SC, KWA RESPONDENTS: ---------------- 1. M/S. TRIO BUILDERS, REGISTRATION NO.2913/85, RAGAM, KACHERI WARD, KOLLAM-13 (PARTNERSHIP FIRM). 2. P.VISHWANATHAN, S/O. PADMANABHAN, AGED 60 YEARS, HINDU, PARTNER, RESIDING AT RAGAM, KACHERI WARD, KOLLAM-13. 3. G.SUNDARESHAN, AGED 54 YEARS, S/O. N.GOPALAN, WEST KALLADA, QUILON, CONTACTOR, RESIDING AT KOCHUTHOPPIL HOUSE, WEST KALLADA, QUILON. BY MRP.JACOB VARGHESE, SENIOR ADVOCATE MR.VIVEK VARGHESE P.J., ADVOCATE MR.P.A.DEV, ADVOCATE MR.SONY JOHN,ADVOCATE THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 08/09/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: R.F.A.No.563 OF 2004 I.A.No.3472 of 2004 IN R.F.A.No.563 of 2004 CLOSED. Sd/- M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- M.T.BALAN (RETD. DISTRICT JUDGE) 08/09/2009 TRUE COPY P.A.TO JUDGE SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.M.T.BALAN (RETD. DISTRICT JUDGE) ================================== R.F.A.No.563 of 2004 ================================== Dated this the 8th day of September, 2009 AWARD This is an appeal filed by the Kerala Water Authority against the decree dated 31.01.2003 in O.S.No.1411/94 on the file of the Principal Sub Court, Thiruvananthapuram, according to which the decree was passed for payment of Rs.30,81,318 + Rs.10,91,378 totaling Rs. 41,72,696/- as damages to the plaintiff with interest at the rate of 9% from the date of suit till the date of decree with future interest at the rate of 6% till the date of realisation with costs. When the matter came up before the Adalat parties took time for settling the matter out of court. In the meanwhile there was a memorandum of understanding dated 18.11.2004 between the parties, according to which it was agreed that the contractor will be accepting the principal amount with interest at the reduced rate as full and final settlement of the entire decree amount and he will not make any further claim whatsoever. It was also agreed that the contractor R.F.A.No.563/2004 2 will produce all the relevant records so as to enable the Authority to make payment on behalf of the firm as well as the decree holders. During conciliation before the Adalat the Water Authority in its 325th meeting held on 24.08.2009 authorised the Managing Director of the Kerala Water Authority for an amicable settlement in the Lok Adalat and to arrive at an amount based on memorandum of understanding dated 18.11.2004 between M/s.TRIO Builders and Kerala Water Authority. As such Managing Director along with Superintending Engineer, P.H.Circle, Kollam has discussed the matter with Trio Builders on 31.8.2009 at the Managing Director's chamber. After discussion both the parties agreed to settle the issue on a compromise formula, according to which all the claims till the date of memorandum of understanding shall be based on that memorandum of understanding and the future interest from the date of memorandum of understanding shall be worked out at 1.5% per annum on the decree amount and the amount will be paid to the party (plaintiff) within 45 days. Today, when the matter came up before us parties were requested to arrive at an exact amount which will be paid to the R.F.A.No.563/2004 3 plaintiff in full and final satisfaction of the decree. Accordingly, parties have reported before us that a sum of Rs.62,28,620/- made up of principal amount of Rs.41,72,696/- and interest Rs.20,55,924/- as on 8.09.2009 will be paid to the plaintiff- M/s.Trio Builders within 45 days from today ie., on or before 22.10.2009 in full and final satisfaction of the entire decree. In case the amount is not paid as agreed to, within the due date it will be open for the plaintiff(decree holder) to execute the decree as it is. Stay of execution granted in this proceedings will stand vacated on consent. The bank guarantee furnished by the Kerala Water Authority will stand discharged on payment of Rs.62,28,620/- within the time mentioned above. The entire court fee paid by the appellant before the High Court will be refunded to the appellant as per rules. M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) M.T.BALAN (RETD. DISTRICT JUDGE) dvs