JUDGMENT

Dated this the 18 th day of February, 2021 The issues involved in O.S No.26 of 2012 pending on the files of Subordinate Judge's Court, Kochi have been amicably settled among the parties in a mediation held at the Kerala State Mediation and Conciliation Centre, functioning at High Court of Kerala on 05.02.2021. Memorandum of Agreement executed under Section 89 of the Code of Civil Procedure read with Rule 24 of the Civil Procedure (Alternative Dispute Resolution), Rules 2008 is appended to the appeal on hand.

2. It is found from the terms of the agreement that the appellant/defendant company represented by its proprietor and partner Mr.Girish Singh has agreed to pay a total sum of

Rs.39,00,000/-(Rupees thirty nine lakhs) to the respondent/plaintiff company represented by its partner Mr.Krishna Kumar in full and final settlement of all their disputes and in token of the agreement to settle, Rs.10,000/- has been transferred to the said Krishna Kumar and he acknowledged the

RFA.No.618/2014(B) 3 same. The respondent has also acknowledged the receipt of the balance amount of Rs.38,90,000/-, which has been transferred to his bank account in IDBI Bank of Kochi, Main Branch by the appellant/defendant.

3. In the above circumstances, appeal stands allowed.

Decree and judgment in O.S No.26 of 2012, pending on the files of Subordinate Judge's Court, Kochi stands set aside.

The Memorandum of Agreement shall form part of the judgment. The court fee shall be refunded to the appellant.

Sd/- MARY JOSEPH JUDGE JJ ER.NAKULAM MEDIAIION CENTRE (HIGH COURT HALL) EMc/Reg. *"..1// )-4n / / / Dated: tg/ar/>--V

From The Nodal Officer, High Court Mediation Centre.

To

The_ Registrar (Judicial), '

High Court of Kerala, Ernakplam Sub:-Mediation of referred cases- Reg. Ref:- Refenal Order in.... dated ilu/*uv..of the Hon,ble High Court of Kerala.

Sir,

The report of the Mediator in the matter arong with the herewith for information and necessary action. ff'

enclosures is furnished Yours {aithfull 5blu"'

2. Copy of referral order dated .k/L/5.r*/...of the High Court of Kerala.

3. Copy of petition.

Ernakulam Mediation Centre Encl:- 1. Report of the Mediator, Settleme,ilegreement.

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM RFA No. 618 /2014 M/s Herbs N Spices International : Vs Appellant/Defendant M/s Krishna & Co. Respondent / Plaintiff REPORT SUBMITTED BY THE MEDIATOR Adv. SALLY THoMAs CHACKO

Mediated and the matter is settled .

Terms and conditions of settlement is attached herewith Dated this the l5th day of Februarv 2021 aatlsalffnomas Chacko Ernakulam Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERAIA AT ERNAKULAM RFA No. 618 of 2OL4 M/s. Herbs N Spices International

Vs.

M/s. Krishna & Co. Memorandum of Aqreenrent under Section 89 of the Code of Civil Proced the Civil Procedure (Alternative Dispute Resolution), Rules 2008

The above case was sent for mediation vide orders of this hon'ble court. The pafties and counsel were present for severirljoint and individual sessions. The parties have in mediation agreed to settle their disputes as per the following terms:

1. The parties agree that the above RFA No. 6IBl20t4 is filed by the defendant in O.S. 26/2012 on the files of the Subordinate Couft Kochi which was a suit for realisation of money.

2. The pafties now agree to settle their disputes in this mediation. The appellant / defendant company represented by its proprietor and partners Mr. Girish Singh has agreed to pay a total sum of Rs. 39,00,000/- (Rupees thirty nine lakhs) to the respondent / plaintiff company represented by its paftner Mr. Krishna Kumar in full and final settlement of all their disputes. In token of the ag