Mathstraman Manufacturers And Traders Pvt. Ltd. v. Malayalam Industries Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 Co.Appeal.No. 3 of 2014 () --------------------------- (ORDER IN CP 14/2013 OF COMPANY LAW BOARD, ADDL.PRL.BENCH, CHENNAI DATED 13-03-2014) APPELLANT/PETITIONER:

--------------------- MATHSTRAMAN MANUFACTURERS AND TRADERS PVT. LTD. PLOT NO. 71 & 72, MAJOR INDUSTRIAL ESTATE KALAMASSERY INDUSTRIAL ESTATE P.O SOUTH KALAMASSERY 683 109, REPRESENTED BY THE MANAGING DIRECTOR BY ADV. SRI.N.DHARMADAN (SR.) RESPONDENT/RESPONDENT:

----------------------- M/S.MALAYALAM INDUSTRIES LTD.

MERIMAID COMPLEX, VYTTILA, KOCHI 682 019 R-R BY ADV. SRI.VAKKOM N.VIJAYAN R-R BY ADV. SMT.V.RENJU R-R BY ADV. SRI.P.ANIYAN THIS COMPANY APPEAL HAVING BEEN FINALLY HEARD ON 10-04-2015, ALONG WITH COA. 4/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Co.Appeal.No. 3 of 2014 () APPENDIX PETITIONER'S EXHIBITS ------------------------ ANNEXURE A1:

TRUE COPY OF THE AGREEMENT DTD. 2.8.2005 EXECUTED BY APPELLANT AND RESPONDENT.

ANNEXURE A2:

TRUE COPY OF THE AGREEMENT DT. 24.3.2006 EXECUTED BY APPELLANT AND RESPONDENT.

ANNEXURE A3: TRUE COPY OF AFFIDAVIT DT. 28.1.2011 BY APPELLANT AND RESPONDENT.

ANNEXURE A4: TRUE COPY OF C.P.14/2013 DT.9.10.2012 (WITHOUT DOCUMENTS) ANNEXURE A5: TRUE COPY OF PRELIMINARY OBJECTION DT. 3.1.2014 FILED BY RESPONDENT BEFORE THE COMPANY LAW BOARD.

ANNEXURE A6: CERTIFIED COPY OF ORDER DT. 13.3.2014 OF THE COMPANY LAW BOARD, CHENNAI.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

T.R. RAMACHANDRAN NAIR & B. SUDHEENDRA KUMAR, JJ.

------------------------------------- Com. Appeal Nos. 3 & 4 of 2014 ------------------------------ Dated this the 10th day of April, 2015.

JUDGMENT

T.R. Ramachandran Nair, J.

After filing of the appeals, we had referred the matter for mediation and after completing the mediation, the learned mediator has produced the mediation agreement executed between the parties. In company appeals Nos.3 & 4 of 2014, we find that a settlement has been agreed to by the parties and both the parties have signed the agreement also. Therefore, we dispose of the appeals as settled. The terms of settlement contained in the mediation agreement will form part of the judgment. Parties will bear the cost in the appeals. Sd/- T.R. RAMACHANDRAN NAIR JUDGE Sd/- B. SUDHEENDRA KUMAR JUDGE Scl.