BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS(RETD. JUDGE) AND SHRI. S. VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 17680 of 2007(D) -------------------------- PETITIONER: ----------------- JOSE AUGUSTINE, CHAKKALAKKAL HOUSE, ELAMAKKARA P.O., KOCHI-26. BY ADV. SRI.M.C.CHERIAN SRI.M.A.THOMAS KUTTY SMT.SARAMMA CHERIAN SMT.ASHA CHERIAN SRI.P.M.SANEER RESPONDENTS: ------------- 1. SR.MANAGER, CANARA BANK, BANERJI ROAD BRANCH, ERNAKULAM, COCHIN-18. 2. M/S. CANARA BANK, HEAD OFFICE AT BANGALORE, BRANCH AT BANERJI ROAD, ERNAKULAM. 3. AUTHORISED OFFICER, CANARA BANK, BANERJI ROAD, ERNAKULAM, COCHIN-18 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE T.K.CHANDRASEKHARA DAS (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA ) ------------------------------------------------------------- W.P(C) NO. 17680 OF 2007 ------------------------------------------------------------- Dated this the 28th March, 2008. A W A R D The petitioner, counsel for the petitioner and Shri. K.N.C.Marar, Manager of Canara Bank is present. The dispute has been settled and they have filed a joint statement incorporating the following terms of settlement:- “i) The entire loan liability of the firm Royal Marbles and its partners including the petitioner Jose Augustine, is treated as closed, with the payment of Rs.9.41 lakhs (Rupees nine lakhs and forty one thousand only) already paid to the Bank as per the interim order dated 8.6.2007 of the Hon'ble High Court in the above W.P (Rs. 4 lakhs) and thereafter on 29.2.2008 (Rs.1,36,000/-) and on 25.3.2008 (Rs.4,05,000/-). ii) The above W.P may be dismissed as withdrawn, without cost. Iii) The suit O.S.No: 595/2002 filed by the Bank against M/s. W.P(C)17680/07 -2- Royal Marbles and its partners, may be closed appropriately, as fully satisfied without any loss or liability to the parties M/s. Royal Marbles and its partners. iv) The Document No: 4537/1995 and other documents and records entrusted with the Bank in connection with the loan transaction, may be returned to the petitioner Jose Augustine. v) The interim orders such as attachment before judgment, interim injunction, if any, ordered in the suit O.S.No: 595/2002, at the instance of the bank, against M/s. Royal Marbles and its partners and their assets, may be got vacated. vi) Either party will render full co-operation in fulfilling the above terms of settlement.” 2. As per the terms of settlement last payment of Rs.4,05,000/- ( Rupees four lakhs five thousand only) has been paid on 25.3.2008 and the parties present concede that this payment has been made. There shall be an award in terms of the settlement incorporated herein. W.P(C)17680/07 -3- Writ Petition is settled as above. JUSTICE T.K.CHANDRASEKHARA DAS RETIRED JUDGE, HIGH COURT OF KERALA SHRI. S.VENKITA SUBRAMANIA IYER SENIOR ADVOCATE, HIGH COURT OF KERALA jj