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2017 Supreme(Online)(KER) 28192
HIGH COURT OF KERALA
ALEXANDER THOMAS, J
ANNAMMA MATHAI – Appellant
Versus
THE FEDERAL BANK LIMITED – Respondent
OP(C)/2307/2017
SRI.TOM K.THOMAS, SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX, SRI.LIJI.J. VADAKEDOM
The judgment underscores the efficacy of mediation as a tool for resolving legal disputes amicably between parties.
Headnote:
Mediation - Original Petition - Various Act Sections - The court emphasized the importance of mediation in settling disputes, following the successful mediation that led to an agreement addressing claims and liabilities between the parties, reflecting a collaborative resolution process.
Fact of the Case:
The petitioner sought to quash an order and stay proceedings relating to property delivery, while mediation was pursued, leading to a successful settlement among the parties involved.
Issues: Whether the mediation agreement and subsequent actions proposed by the parties were sufficient to resolve the dispute and how they would impact ongoing proceedings.
Ratio Decidendi: The court held that successful mediation could lead to the resolution of disputes, allowing the original petition to be disposed of in line with the mediated agreement.
Final Decision: The Original Petition stands finally disposed of in terms of the mediation agreement.
JUDGMENT
The prayers in the Original Petition are as follows :
“i) call for the records leading to ext.P7 order and quash the same.
ii) stay all further proceedings including delivery of the property in E.P. No.221 of 2013 in O.S. No.94 of 2012 on the file of the Sub Court, Kottayam.
iii) direct the court below to pass orders on Exts.P1,P2, P4 & P5 and E.A. No.285 of 2017 on a time bound manner and to keep in abeyance the further proceedings in E.A. No.590 of
2016, till orders are passed in the above applications.
iv) issue such other writ, order or direction as deemed fit and proper by this Hon'ble Court, in the facts and circumstances of the case.”
2. Heard Sri.Tom K. Thomas, learned counsel appearing for the petitioner and Sri.Jacob P. Alex, learned counsel appearing for the 1st respondent and Sri.Liji J. Vadakkedom, learned counsel appearing for the 2nd respondent.
3. At the request of both sides, the parties were referred to mediation through the Kerala State Mediation and Conciliation Centre attached to this Court. Now it is reported by all the parties concerned that the mediation efforts have turned to be successful.
The Mediation Centre has made available the original of the agreement dated 29.11.2017 signed by all the parties and their advocates concerned. The Memorandum of Mediation Agreement dated 29.11.2017 reads as follows :
“The above case was referred to me for mediation vide orders of this Hon'ble Court. After several joint and individual sessions with parties and their counsel, the parties have settled their issues in the following terms :
1) The parties agree that the above OP(C) No. 2307/2017 arises from orders in E.A. 590/16 in EP.221/2013 in O.S. 94/2012 on the file of Sub Court, Kottayam ordering delivery of the property of the petitioner herein to the 2nd respondent auction purchaser in pursuance to the E.P.221/2013 filed by 1st respondent bank to execute the decree for money obtained by the bank against the plaintiff/petitioner herein in O.S.94/2012.
2) The parties now in mediation agree that the petitioner has discharged the entire liability with the 1st respondent bank. The 1st respondent hereby admits and acknowledge that the decree in O.S. No.94/2012 on the file of Sub Court, Kottayam has been fully satisfied. The 1st respondent bank admits that no amounts are now due to the 1st respondent bank either from the petitioner who was the guarantor nor the 1st judgment debtor, her son.
3) The petitioner has also paid an amount of Rs.1,75,000/- in full and final settlement of all claims of the 2nd respondent, the auction purchaser in connection with the sale conducted in the E.P.221/2013 in O.S. No.94/2012 on the file of Sub Court, Kottayam. The 2nd respondent hereby acknowledges receipt of the same.
4) The parties agree that the petitioner and 2nd respondent shall file a joint application before the Sub Court, Kottayam in the delivery application E.A. 590/2016 in E.P. 221/2013 in O.S. 94/2012 to set aside the sale conducted and cancel the sale certificate issued on 17.10.2016 in favour of the 2nd respondent.
5) The parties agree that the petitioner will file petition before the Sub Court, Kottayam in O.S.No.94/2012 to lift the attachment of her properties, effected by the plaintiff bank along with the plaint. The plaintiff/1st respondent bank agrees not to object to the same.
6) The parties also agree that the 2nd respondent is entitled to get back the amount deposited before the Sub Court, Kottayam in E.P. 221/2013 in O.S. 94/2012 for which the petitioner and 1st respondent bank agree that they will have no objections in the 2nd respondent seeking to withdraw the amount deposited by him.
7) The parties agree to request this hon'ble court to record the above settlement and dispose of the above OP(C) 2307/2017 accordingly.”
4. The said mediation agreement is recorded. In the light of the above said mediation agreement it is ordered that the Sub Court, Kottayam will dispose of the pending matters covered by the mediation a
