IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 FAO.No. 36 of 2009() -------------------- AGAINST THE ORDER DATED 06/01/2008 IN IN IA 8815/2008 IN OS.1013/2008 of II ADDL.SUB COURT,ERNAKULAM .................... RESPONDENTS/DEFENDANTS 2 & 3: ------------------------------------------------- 1. MARYKUTTY BABY, W/O.BABY THOMAS, MANAGING DIRECTOR, MYLAADY WAREHOUSING PVT. LTD. MYLAADY HOUSE, VENNALA P.O., KOCHI-28, RESIDING AT 49/1052 A, CHANGAMPUZHA CROSS ROAD, EDAPPALLY, KOCHI-24. 2. BABY THOMAS, S/O.THOMAS, DIRECTOR, MYLAADY WAREHOUSING PVT. LTD., VENNALA P.O., KOCHI-28, RESIDING AT 49/1052 A, CHANGAMPUZHA CROSS ROAD, EDAPPALLY, KOCHI-24. BY ADV. SRI.DINESH R.SHENOY RESPONDENT(S): PETITIONER/PLAINTIFF: ------------------------------------ XENIA OMAR SHARIEFF, W/O.LATE OMAR SHARIEFF, KALLIKUZHIYIL HOUSE, MANJALY, MANNAM, NORTH PARAVUR. ADV. SRI.M.V.JOHN FOR R1 SRI.RENJU JOHN FOR R1 SRI.B.JAYAPARAKASH FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- F.A.O.No.36 of 2009 -------------------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT Kurian Joseph,J. This is an appeal filed by the defendants in O.S.No.1013/2008 on the file of the Sub Court, Ernakulam. The suit is for recovery of money. The parties are aggrieved by the interlocutory order passed in I.A.No.8815/2008 in the said suit whereby the attachment of the scheduled property has been confirmed. When the matter came before us we find that there is a chance for settlement through mediation. The parties were present before us. They were referred to the mediation centre. Smt.G.Krishnakumari was appointed as Mediator. It is reported that the parties have decided to settle their disputes in the following terms: The defendants agree that the plaint amount of Rs.62,00,000/- will be paid with 6% interest within one year from today. Till the amounts are fully paid there shall be a charge on the petition schedule property. The attachment as ordered by F.A.O.No.36 of 2009 -:2:- the Sub Court, Ernakulam in I.A.No.8815/2008 in O.S.No.1013/2008 can be lifted. It is also agreed that when the payments are made as above, the criminal complaint made under Section 138 of the Negotiable Instruments Act will be withdrawn. 2. The terms of compromise as above are recorded. The parties pray that the Sub Court, Ernakulam may be directed to relegate the parties before the Lok Adalat organised by the Taluk Legal Services Authority wherein an award can be passed in terms of the compromise recorded as above. Accordingly we dispose of the appeal remitting the matter to the Sub Court, Ernakulam for appropriate action in the light of the terms of compromise as recorded above. The parties will appear before the Sub Court tomorrow (13-2-2009). (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- F.A.O.No.36 of 2009 ---------------------------- JUDGMENT 12th February, 2009