IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Arb.A.No. 25 of 2010() ---------------------- OPARB.148/2004 of V ADDL. DISTRICT COURT, ERNAKULAM .................... APPELLANTS/PETITIONERS/RESPONDENTS: -------------------------------------------------------------------- 1. GEORGE VARGHESE KOLUTHARA, S/O. LATE SHRI.K.P.VARGHESE, AGED 51 YEARS, KOLUTHARA, SHENOY ROAD, KALOOR, KOCHI - 682 017. 2. ANTONY VARGHESE KOLUTHARA, S/O. LATE SHRI.K.P.VARGHESE, AGED 58 YEARS, KOLUTHARA, SHENOY ROAD, KALOOR, KOCHI - 682 017. 3. KOLUTHARA EXPORTS (P) LTD., P.B.NO.7, KELTRON ROAD, AROOR - 688 534. BY ADVS. SRI.ANIL XAVIER, SRI.M.RISHIKESH SHENOY. RESPONDENT(S): RESPONDENT:CLAIMANT: ------------------------------------------------------------------- THE MARINE PRODUCTS EXPORTS DEVELOPMENT AUTHORITY, MPEDA HOUSE, PANAMPILLY AVENUE, COCHIN - 682 036, REPRESENTED BY ITS SECRETARY MR.G.SANTHANAKRISHNAN. BY ADVS. SRI.V.ABRAHAM MARKOS, SRI. JOSEPH MARKOSE, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- Arbitration Appeal No.25 of 2010-E ------------------------------------------------- Dated this the 18th day of January, 2011 JUDGMENT Basant,J. The learned counsel for the appellants submits that there has been some settlement of disputes between the parties and the respondent has already issued a letter dated 15/7/10 accepting the request of the appellants. That letter dated 15/7/10 has been placed before us. It says: “We have examined your request in detail and I am directed to inform that your case will be considered by the Committee constituted for the one time settlement of dues under Equity Participation Scheme.” Arbitration Appeal No.25 of 2010 -: 2 :- Inasmuch as the committee has been constituted, the appellants accept that the matter can be left to the Committee for decision on the one time settlement of dues under the Equity Participation Scheme. In these circumstances, we find no merit in the appeal continuing. The appeal filed as early as on 01/2/08 has been continuing to be pending before this Court for various reasons now. As it is reported that a Committee shall be constituted for the one time settlement of dues, the appellants accept and we are satisfied that this appeal can now be dismissed. 2. We do, however, note that it is reported that the Committee has not actually been constituted. The appellants accept the statement in the letter dated 15/7/10 that such Committee shall be constituted and does not seek any further relief in this appeal. 3. We accept the submission of the learned counsel for the appellants that the matter can be left to the decision of the said Committee to be constituted for one time settlement of dues under the Equity Participation Scheme. We accept the submission of the respondent as reflected in the letter dated 15/7/10 that such Committee shall be constituted. Arbitration Appeal No.25 of 2010 -: 3 :- 4. In the nature of the stand taken by both sides, we dismiss this appeal as unnecessary now. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge