IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. Snehalatha, JJ
Alex P.C – Appellant
Versus
Treesa Emmanuel Veedon @ Tessa – Respondent
Mat.Appeal No. 554 of 2020|OP No. 74 of 2019
| Table of Content |
|---|
| 1. mediation leads to lawful binding agreements. (Para 1 , 2) |
| 2. court directs enforcement of settlement agreement. (Para 3) |
DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
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Mat.Appeal No.554 of 2020 --llI------I-11----------------------------
• Dated tliis the 19th Noviember, 2025-
JUDGMENT ` M.B.Snehalatha,J When this appeal came up for hearing today, the learned counsel appearing for both sides submitted that the disputes between the parties have been settled in the mediation held under the aegis of Mediation Centre, Ernakulam and a memorandum of agreement has been filed before this Court
2. We have examined the memorandum of agreement and we notice that it has been signed by the parties and subscribed by their counsel. The terms of the settlement are lawful and therefore the settlement arrived at by the parties` is accepted, 3. In view of the settlement arrived at between tJie parties, Mat,Appeal No.554/2020 is disposed of in terms of the settlement arrived -`
at by the partiest
44 Th:e parties are directed to act implicitly in terms of the memorandum of agreement andshall comply all the terms therein, which do form part of this judgment.
Sd/-
DEVANRAMACHANDRAN, JUDGE Sd/-
M.B.SNEHALATHA, JUDGE ab BEFOFt`E THE HON'BE.E HrGH couFtT oF KEFtALA AT ERNAKULAM Mat Appeal No.554 of 2020 Alex P.C & Others Appellants Vs'
Treesa Emmanuel veedon @ Tessa Res-pondent MEMORANDUM OF AGREEMENT UNDER SECTION
89 0F THE Code of Civil Procedure READ WITH RULES 24 & 25 0F THE I(ERALA CIVIL PROCEDURE (MEDIATION}, RULES, 2008:
The above in-atter referred for mediation relate-to-the cLai'm arising out-Of a a marital relationship between the lst appellant and the respondent. The parties have now arrived at a settlement on the following terms and conditions.
1. The appellants have agreed to pay a sum of Rs.27,00,000/-(Rupees Twenty seven lakhs only') toward-s the full and fi-nal settlement of the dispute between the parties. The above said amount will be paid by the appellants to the respondent in the following manner (I) Out of the total amount of 27,00,000/-(Rupees Twenty seven lakhs only) the amount of Rs.25,00,000/-(Rupees Twenty five lakhs only) paid today (07/11/20.25} to the respondent and on receipt of the amount the n respondent will acknowledge and issue the receipt to that effect.
(ii) The balance amount of Rs.2,00,000/-(Rupees Two lakhs only) will be paid by the appellants to the respondents on or before 31/05/2026. For this purpose the appellants will handover to the respondent a post dated cheq.ue bearin-g N-o.110822 dated 31/05/202.6 -of State Bank Of l`ndia, Pulincunnoo Branch from the account No.57042761703 in the name of Alex P.C.
Appellants
1.Alex P.C Treesa Emmanuel Veedon @ Tessa
2.Chanda Pilla
3,Shylamma JAof~j#H& a (2)
2.The respondent will issue receipt as and when the amount covered by the concern cheque is credited to the account of the respondent.
3.In the event of dishonour of the cheque given to the respondent the resp-ondent i-s at liberty to initiate a-ppropriate legal proceedings under the Negotiable Instrument Act 1881 and/ or any other applicable law. Such dishonour shall be treated as a breach of this settlement terms and the respondent is at liberty to enforce her original claim as if no settlement has been arrived at.
4. On receipt of the amoutTt of Rs.25,00.;000/-(Rupees Twenty five [akhs Ei]
only) by the respondents she has no objection in releasing/withdrawing the FD of Rs.20,00,000/- (Rupees Twenty lakhs only) remaining attached bythecourt below vide lANo.1451/2016 in op.No.706/2016 Family Court, Alappuzha which is now renumbered as OP.No.74/2019 of Family Court, Pala. The respondent has -no ®b'jection in +ifeing -the attachment of the property of the appellants attached by Family Court, Pala in OP.No,74/2019, after receipt of the total amount of Rs.27,00,000/-
(Twenty seven lakhs only) by the respondent.
5.upon. eneaFshment of t:he aforesaid cheque and receip
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