BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 RFA.No. 556 of 2007(B) --------------------- OS.358/2003 of ADDL.SUB COURT, KOTTAYAM .................... APPELLANTS/DEFENDANTS: -------------------------------- 1. M/S.JAMES MULTIPLEX PACKING A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT ROSE VIEW NEAR RAILWAY STATION, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK. 2. MR.C.M.ABDUL MAJEED, PARTNER, M/S.JAMS MULTIPLEX PACKAGING, ROSE VIEW, NEAR RAILWAY STATION, VAZHAPPALLY EAST, CHANGANACHERRY TALUK, S/O.MICHAEL RAWTHER, MEERAMKULATHU HOUSE, PUZHAVATHU MURI, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK. 3. MR.K.O.JACOB, PARTNER, DO. DO. RESIDING AT KOMMAVUNKAL HOUSE, PUZHAVATHU MURI, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS/PLAINTIFFS: ----------------------- 1. M/S.R.HARILAL AND CO.(CALCUTTA) HEAD OFFICE AT3, AMAROTTALA STREET, P.B.NO.917, CALCUTTA - 700001. 2. HARILAL CHHANGANLAL SHAH, S/O.LATE CHHANGANLAL SHAH, RESIDING AT 3, RAYSTREET, CALCUTTA - 20. RFA.No. 556/2007(B) -2- 3. SANJAYKUMAR, HARILAL SHAH, S/O.HARILAL CHHANGALAL SHAH DO. DO. 4. SMT.REKHA SANJAY SHAH, W/O.SRI.SANJAYKUMAR, HARILAL SHAH, RESIDING AT DO. DO. (RESPONDENTS 1 TO 4 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, MR.SURESH KUMAR VORA, S/O.JAGMOHAN DAS, JAGANNANTH, 8/1290, PALLIARAKKARAVU ROAD, OPPOSITE M.M.C. COCHIN-2) BY ADV. SRI.MATHEW KURIAKOSE FOR R1 TO 4 THIS REGULAR FIRST APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH ALONG WITH R.F.A. NO. 92 OF 2008 AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ----------------------------------------------- R.F.A. Nos. 556/2007 & 92/2008 ----------------------------------------------- Dated this the 3rd day of June, 2008 AWARD The learned counsel for the appellants and respondents are present. The Power of Attorney of the respondents in R.F.A. No.556/07 and appellants in R.F.A. No.92/2008 as well as appellants in R.F.A. No.556/07 and respondents in RFA No.92/2008 are present. After negotiations and discussions, it is agreed to by and between the parties in the presence of the learned counsel that an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) will be paid by the appellants in R.F.A. No.556/07 who are the respondents in R.F.A. No.92/2008 on or before 30.6.2008. It is also agreed that the respondents in R.F.A. No.556/2007 who are the appellants in R.F.A. No.92/2008 shall withdraw unconditionally C.C. No.261/2001 (Sanjoy Saha Vs. Abdul Majeed and others) pending before the Additional Chief Metropolitan Magistrate, Calcutta which is a case initiated under Section 138 of the Negotiable Instruments Act. The criminal R.F.A. No.556/2007 & con. case -2- matter pending before the Honourable High Court of Calcutta at the instance of the appellants in R.F.A. No.556/2007 is also to be withdrawn unconditionally by them. Simultaneous to the payment as well as the withdrawal of the Section 138 proceedings, the order of attachment effected will stand automatically vacated. Posted to 2.7.2008 for compliance. The court fee remitted by the appellants in respective appeals also be refunded to the respective parties. Cost incurred by the appellants and respondents in the cases hitherto be borne by respectively by themselves. The appeals are disposed of as settled. Sd/- SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) jp /True Copy/ P.A. to Judge