IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 AR.No. 32 of 2011() ------------------- PETITIONER ------------------------------ PONNAPPAN, AGED 57 YEARS, S/O. LATE KUMARAN, ELLIL HOUSE, RAMAMANGALAM. BY ADVS. SRI.A.T.ANILKUMAR SRI. V. SHYLAJA RESPONDENTS: --------------- 1. M/S. RELIANCE COMMUNICATIONS LTD., REGISTERED OFFICE-H BLOCK, 1ST FLOOR, DHIRUBABHAI AMBANI KNOWLEDGE CITY, NAVY MUMBAI-400710, REP. BY ITS MANAGING DIRECTOR. 2. M/S. RELIANCE COMMUNICATIONS LTD., CIRCLE OFFICE AT DOOR NO.38/628, 3RD FLOOR, A & P ARCADE, S.A.ROAD, ERNAKULAM, COCHIN - 20. 3. T.R. BALACHANDRAN, AGED 54 YEARS, HEAD LEGAL AND PROJECT COMMERCIAL M/S. RELIANCE COMMUNICATIONS LTD., CIRCLE OFFICE AT DOOR NO.38/ 628, 3RD FLOOR, A & P ARCADE, S.A.ROAD, ERNAKULAM. R1 TO R3 BY ADV. SRI.V.G.ARUN THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AR.No. 32 of 2011() APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A: COPY OF THE JUDGMENT. ANNEXURE B: COPY OF ORDER PASSED BY THE MUNSIFFS COURT, ERNAKULAM IN IA 2933/2009 IN OS 145/2009 ANNEXURE C: TRUE COPY OF THE NOTICE SENT BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE Scl. S. SIRI JAGAN, J. ------------------------------------------- A.R.No.32 of 2011 ---------------------------------------------- Dated this the 2nd day of December, 2011 ORDER This Arbitration Request is filed by the petitioner for appointing an Arbitrator to arbitrate the dispute, which has been raised by the petitioner against the respondents, arising out of Annexure-A lease deed. At the request of the parties, I had referred the matter for mediation to the Kerala Mediation Centre. The Mediator designated by the Mediation Centre has mediated the matter and the Kerala Mediation Centre has fowarded a settlement signed by both parties. The same reads thus: “Petitioner is represented by his wife and his counsel. Respondents are represented by the Legal Head. Mediation held and parties agreed to settle the dispute on the following terms and conditions: 1. The parties agree that the monthly rent fixed as per clause 3(a) of the lease deed dated 12/10/2006 in respect of the leased premises shall be re-fixed at Rs.7,500/- (Rupees Seven thousand five hundred only) per month with effect from 01/04/2011 subject to an increase of 10% of rent on completion of every 3 years as stipulated in the said clause. 2. Parties agree that they shall execute an addendum to the lease deed dated 12/10/2006 within a period of one weeks from today, so as A.R.No.32/11 2 to incorporate the clause regarding the above mentioned re-fixation of rent. 3. The parties agree that the other terms and conditions of the lease deed dated 12/10/2006 shall remain in force as stipulated therein and binding on them. 4. Parties further agree that the above Arbitration Request may be disposed of, recording this settlement.” In the above circumstances, this Arbitration Request is disposed of in terms of the said settlement. S. SIRI JAGAN, JUDGE acd A.R.No.32/11 3