IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 RFA.No. 154 of 2006() --------------------- OS.407/1996 of PRL.SUB COURT,KOTTAYAM .................... APPELLANTS/DEFENDANTS ----------------------------------------- 1. ST.MARY'S TEXTILES AND COLOURS LTD., REGD.OFFICE AT MDC CENTRE, K.K.ROAD, KOTTAYAM & ADMINISTRATIVE OFFICE AND FACTORY AT ITHITHANAM, CHANGANASSERY-686 535. 2. C.N.GEORGE, CHAIRMAN, ST.MARY'S TEXTILES AND COLOURS LTD., CHIRATHILATTU HOUSE, ITHITHANAM.P.O, CHANGANASSERY, M/S.CARBON & CHEMICALS INDIA LTD., 37/137 A, KRISHNASWAMY CROSS ROAD, P.B.NO.2528, COCHIN. 3. GEORGE.C, PUNNOOSE, EXE.DIRECTOR, ST.MARY'S TEXTILES AND COLOURS LTD., S/O.C.N.GEORGE, RESIDING AT CHIRATTILATTU HOUSE, ITHITHANAM.P.O, CHANGANASSERY. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.A.D.SHAJAN RESPONDENT(S): DEFENDANTS ---------------------------------------------- ADARSH TEXTILES, 163, IMA BUILDING COMPLEX, DR.KRISHNASWAMY MUDALIAR ROAD, COIMBATORE, TAMIL NADU, REP. BY ITS PARTNER, SASHICHANDRA GUPTA. ADV. SRI.MATHEWS K.UTHUPPACHAN SRI.T.SETHUMADHAVAN (MEDIATOR) THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.F..A. No. 154 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of June, 2009. JUDGMENT Bhavadasan, J, The parties have arrived at a settlement and they have filed a compromise statement, which they sought, may be incorporated in the judgment and decree be passed on those lines. 2. Compromise, being in accordance with law, is accepted and decree is passed as follows: i. The appellants to pay a sum of Rs.11,75,000/- to the respondent towards full and final settlement of the decree in O.S. 407 of 1996 of Principal Sub Court, Kottayam. ii. It is agreed that Rs.10 Lakhs already deposited by the appellants in Sub Court, Kottayam, as directed by the court, can be withdrawn by the respondent forthwith. iii. The balance Rs.1,75,000/- will be paid by the appellants to the respondent or his counsel on or before 10.7.2009. R.F.A. No.154/2006. 2 iv. Half of the court fee paid on this memorandum of appeal shall be refunded to the appellants. v) Out of that amount (a) a sum of Rs.10,000/- shall be paid to the Mediator, Adv.T.Sethumadhavan by the appellants. P.R. Raman, Judge P. Bhavadasan, Judge sb. Clause (iv) in paragraph 2 of the judgment dated 19/06/2009 in R.F.A. 154/2006 is deleted as per order dated 13.11.2009 in R.F.A. 154/2006. Sd/- Registrar (Judicial)