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2022 Supreme(Online)(KER) 38405
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
JAMES G OOMMEN – Appellant
Versus
M/S.BEFFY CASHEW COMPANY – Respondent
RFA/186/2009
LEO GEORGE, T.A.SHAJI (SR.), SRI.P.S.APPU, SRI.C.A.ANOOP, SRI.JIBU P THOMAS, SRI.A.R.NIMOD, SRI.B.SURESH KUMAR, SRI.T.C.SURESH MENON, ATHUL SHAJI, ANWIN JOHN, ANTONY ARSHA DHARMAPALAN, NANDHU MADHUSOODANAN
The court affirmed the efficacy of mediation in dispute resolution, directing lower courts to honor mediated agreements.
Headnote:
Mediation - Appeals - Various Acts and Sections - The court confirmed the mediation settlement between parties, directing lower court to dispose of the cases accordingly, emphasizing the importance of mediation in resolving disputes.
Fact of the Case:
Plaintiffs appealed against orders allowing claim petitions after attachment of cargo containing raw cashews. During the appeal, a mediation settlement was reached.
Finding of the Court:
The court recognized the mediation agreement, directed the lower court to formalize the settlement, and ordered refund of court fees to the plaintiffs.
Issues: Whether the mediation settlement should be recorded and implemented by the lower court.
Ratio Decidendi: The court upheld the binding nature of the mediation settlement which resolved the disputes between the parties.
Final Decision: The appeals are disposed of as per the mediation settlement.
JUDGMENT
A. MUHAMED MUSTAQUE, J.
These appeals are filed at the instance of the plaintiffs in different suits for money before the Principal Sub Court, Kollam. In suits, attachment before judgment was effected over cargo containing raw cashews. The respondents/ defendants filed claim petitions, which were allowed. Challenging the orders allowing claim petitions, the appellants/defendants have come up before us with these appeals.
2. Pending appeals, based on the orders of this Court, cashews were sold in open market and the amount has been deposited before the trial court.
3. Parties were referred for mediation. In mediation, parties have resolved their disputes. The mediation settlement agreement is on board along with the report of the mediator.
4. The mediation settlement is recorded. In the light of the settlement, we direct the Principal Sub Court, Kollam, to dispose of the pending suits, recording the mediation settlement. Court fee, if any paid, shall be refunded to the plaintiffs in accordance with relevant rules.
5. Registry is directed to forward the settlement agreement to the Principal Sub Court, Kollam, in the suits mentioned for the purpose of disposing and decreeing the same in accordance with settlement. Records shall also be returned to the Principal Sub Court, Kollam.
Accordingly, these appeals will stand disposed of.
A. MUHAMED MUSTAQUE JUDGE
