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2018 Supreme(Online)(KER) 40339
HIGH COURT OF KERALA
K.ABRAHAM MATHEW, J
KANDATHIPARAMBU SRI.BHUVAMESWARI DEVASWM – Appellant
Versus
P.AMBIKA – Respondent
RFA/393/2004
SRI.V.V.ASOKAN, SRI.K.N.SIVASANKARAN, SRI.SUNIL SHANKER, SRI.M.K.CHETTIAR, SRI.V.K.MOHAMMED YOUSUF, SRI.R.HARIKRISHNAN, SRI.E.RAMACHANDRAN, SRI.R.UMASANKAR, SRI.S.SHIV SHANKAR
A mediation settlement is binding and lawful when both parties agree to its terms, satisfying the claims involved.
Headnote:
Compromise - Mediation Settlement - N/A - The court approved a lawful compromise reached in mediation, detailing the settlement amounts and withdrawal of property attachment.
Fact of the Case:
The parties reached a settlement during mediation, resulting in a lawful compromise recorded by the court specifying the payment amounts and withdrawal of property attachment.
Finding of the Court:
The court found the compromise to be lawful, satisfied with the settlement terms and ordered the agreement to be recorded.
Issues: Whether the compromise agreement reached in mediation is lawful and should be accepted by the court.
Ratio Decidendi: The court concluded that the mediation settlement was valid and fully satisfied the claims of the respondents.
Final Decision: The appeal is disposed of as per the terms of the lawful compromise.
J U D G M E N T
The parties settled the matter at mediation. Compromise has been filed. I have perused the compromise. I am satisfied that the agreement is lawful.
The compromise is recorded.
In the result, this appeal is disposed of in terms of the compromise as follows;
a)In full satisfaction of their claim, respondents 1, 4, 5, 6, 7, 8 and 9 have received from the appellants the cheque bearing No.602205 drawn on the State Bank of Tranvancore, Pazhangad Branch dated 05.02.2018 in favour of the second respondent, P.R.Shanmughadas, for an amount of Rs.4,75,000/- (Rupees four lakh and seventy five thousand only) and cheque bearing No.093081 drawn on the Federal Bank, Kumbalangi Branch dated 05.02.2018 in favour of the third respondent, V.R.Harikumar, for an amount of Rs.3,25,000/- (Rupees three lakhs and twenty five thousand only). The cheques have been received by respondents 2 & 3 on behalf of other respondents also. The claim of the decree holders has been fully satisfied.
b)The attachment of the property of the appellants effected pursuant to the orders passed by the court in the suit is withdrawn.
The court fees paid by the appellants on the appeal memorandum shall be refunded to the appellants.
