IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE8H DAY OF JANUARY201418TH POUSHA, 1935 WP(C).No. 30825 of 2013 (C) --------------------------------------- PETITIONER: ------------------- SUNIL.C, AGED34 S/O.LATE RAMANKUTTY, RESIDING AT CHEMBANARI HOUSE, VALLUVAMBRAM P.O, PULLARA - 673 651, BRANCH MANAGER, SEA BREEZE COURIERS, MILLUMPADI, KONDOTTY (VIA), NEDIYIRUPPU P.O., MALAPPURAM, (HEAD OFFICE -E1, 38/2377, B-2, FIRST FLOOR SOUTH STAR APARTMENT (ANNEX), NEAR K.S.R.T.C BUSTAND, COCHIN, KERALA - 682 035. BY ADV. SRI.V.PHILIP MATHEWS. RESPONDENTS: ----------------------- 1. MOHAMMED MAHEEN PILLAI, SYRAAB MANZIOL -161, C.S.NAGAR, MUSLIYAR LANE, BEACH ROAD, KOLLAM - 691 001.
2. ALFALAH CARGO, P.O.BOX26542 ABUDHABI, U.A.E.
3. PREMIER CARGO AND COURIER SERVICE EXPORT AND IMPORT, CONSOLIDATION -CARGO FORWARDING, PULIKKAL APARTMENT, NEDIYIRUPPU, KONDOTTY, MALAPPURAM, KERALA - 673 638.
4. CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM - 691 001. R1 BY ADVS. SRI.N.NAGARESH, SRI.SHAJI THOMAS, SRI.BINU PAUL, SRI.T.V.VINU, R3 BY ADVS. SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX R4 BY SR.GOVERNMENT PLEADER SRI. JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0801-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.30825/2013-C: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE ORDER
DTD. 30/01/2009 IN C.C. NO.303/2007 ON THE FILE OF CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM. EXT.P.1(A): TYPED COPY OF EXHIBIT P.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 30825 of 2013 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of January, 2014 JUDGMENT
The petitioner has approached this Court with the following prayers: "i. Issue appropriate order declaring that petitioner or sea Breeze Couriers, E- 1, 38/2377, B-2, First Floor, South Star Apartment (Annex), Near KSRTC bustand, Cochin, Kerala 682035, with branches in various places is not liable to be proceeded on the basis of the order of the Consumer Disputes Redressal Forum, Kollam in C.C. No. 303/2007. ii. Issue appropriate order directing Consumer Disputes Redressal Forum Kollam not to take any proceedings against petitioner or Sea Breeze Couriers, E-1, 38/2377, B-2, First Floor, South Star Apartment(Annexe) Near KSRTC bustand, Cochin Kerala 682035, with branches in various places is not liable to be proceeded on the basis of order of the Consumer Disputes Redressal Forum Kollam in C.C. No. 303/2007 & iii. Pass such other appropriate orders as this Hon'ble Court may deem just and proper.
2. When the matter came up for consideration before this Court on 13.12.2013, the learned counsel appearing for the petitioner W.P.(C) No. 30825 of 2013 :
2. : submitted that the steps were being taken to have the matter settled and accordingly notice on admission through special messenger was ordered to respondents 1 and 3. After completion of service of notice, the matter came up for consideration on 18.12.2013, when the following order was passed. "The learned counsel appearing for the petitioner submits, in furtherance to the submission made on 13.12.2013, that earnest efforts will be taken to have the matter settled once and for all.
2. Heard the learned counsel for the first respondent as well, in this regard.
3. On going through the pleadings and prayers, nature of dispute and in view of the submission made across the Bar, this Court finds that an attempt has to be made to have the issue settled before proceeding with the matter further, as suggested by the parties concerned.
4. In the said circumstances, the Registry is directed to list the matter before the Nodal Officer, Mediation Centre., High Court of Kerala on 03.01.2014, to explore the chance for settlement. The learned counsel appearing for either side undertakes to inform the position to the respective parties.
5. 'Status quo' shall be maintained with regard to execution or arrest warrant, if any, issued till the next date of posting. " W.P.(C) No. 30825 of 2013 :
3. In the above circumstances, the matter was caused to be mediated and a report dated 03.01.2014 by the Mediator along with memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 & 25 of the Kerala Civil Procedure (Mediation) Rules, 2008 came to be filed. The agreed terms are as given below: "The aforesaid case was referred to mediation on 03.01.2014 vide orders of this Hon'ble Court for resolving the disputes between the parties. Petitioner represented by one Mr. Jaleel and counsel V. Philip Mathew, 1st respondent and counsel N. Nagaresh and N. Suresh Babu and the 3rd respondent represented by Power of Attorney holder Adbul Suneer and counsel Jacob P. Alex were present. In the course of mediation, they have resolved their disputes and agreed to the following terms :
1. Parties have agreed that the 3rd respondent/Judgment Debtor will pay Rs. 75,000/- in cash to the 1st respondent as full and final settlement of the award in C.C. No. 303/2007 of the Consumer Dispute Redressal Forum, Kollam.
2. The 1st respondent herein the complainant before the Consumer Dispute Redressal Forum has agreed to the said settlement.
3. The 3rd respondent herein the first opposite party before the Consumer Dispute Redressal Forum has paid Rs. W.P.(C) No. 30825 of 2013 :
75. 000/- to the complainant/1st respondent herein in the presence of counsel and mediator.
4. The 1st respondent/Complainant undertakes not to proceed with the execution proceedings E.P. No. 27/2009, pending before the Consumer Dispute Redressal Forum, Kollam.
5. The 1st respondent/complainant agrees to request this Hon'ble Court to issue appropriate directions to the Consumer Dispute Redressal Forum, Kollam to recall the warrant and close the execution proceedings in view of this settlement.
6. The parties to this settlement undertake that they will not raise any claims whatsoever against each other or their concerns in future, with regard to this dispute before the Consumer Dispute Redressal Forum, Kollam.
7. Parties agree that they will request this Hon'ble Court to dispose of the Writ Petition in accordance with the above settlement." 4. The learned counsel for both the parties submits that the matter can be disposed in the light of the settlement arrived at between the parties. Accordingly, the Writ Petition is disposed of, in view of the settlement as above. Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd