Blue Dart Express Limited v. Vnm Jewel Crafts Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 RFA.No. 827 of 2013 () ----------------------- AGAINST THE JUDGMENT IN OS 774/2011 of I ADDL.SUB COURT, KOZHIKODE DATED 30-07-2013 APPELLANTS/DEFENDANTS 1 TO 3:

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1. BLUE DART EXPRESS LIMITED BLUE DART CENTRE, SAHAR AIRPORT ROAD ANDHERI (EAST) MUMBAI 400 099 REPRESENTED BY ITS AUTHORISED SIGNATORY MANOJ C.N

2. BRANCH MANAGER BLUE DART EXPRESS LIMITED, PKC BUILDING, T.D.ROAD, KOCHI 682035

3. BRANCH MANAGER BLUE DART EXPRESS LIMITED, GROUND FLOOR, BEACH COMPLEX SILK STREET, KALATHINKUNNU AMSOM AND DESOM KOZHIKODE 673 032 BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SHUBHA ABRAHAM SMT.SUNANDA SUKUMARAN SMT.N.ASWATHY SMT.K.R.MONISHA RESPONDENTS/PLAINTIFF-4TH DEFENDANT:

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1. VNM JEWEL CRAFTS LIMITED REGD OFFICE BOULEVARD ROAD, MANJAKKAL MAHE 673 310 CUSTOMER CARE CENTRE 10/996 VENKATESH AVENUE PALAYAM ROAD, KOZHIKODE 673 001 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SOORAJ A.P(MANAGER) AGED 32 YEARS S/O.SADANANDAN A RESIDING AT PAREKKATIL HOUSE PARAMBIL POST, KOZHIKODE, KURUVATOOR VILLAGE KURUVATOOR AMSOM AND DESAM, KOZHIKODE TALUK

2. THE NEW INDIA ASSURANCE CO LTD CITY BRANCH NO 1, FAIR MOUNT BUILDING 2ND FLOOR ERANHIPALAM, KOZHIKODE KACHERI AMSOM AND DESOM KOZHIKODE TALUK REPRESENTED BY ITS BRANCH MANAGER 673 011 R1 BY ADV. SRI.NIRMAL. S R2 BY ADV. SRI.KKM.SHERIF R2 BY ADV. SRI.LAL K.JOSEPH R2 BY ADV. SRI.A.A.ZIYAD RAHMAN THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC

ANTONY DOMINIC & P.V.ASHA, JJ.

R.F.A.No.827 of 2013 Dated this the 17th day of November, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by defendants 1 to 3 challenging the judgment and decree passed by the 1st Additional Sub Court, Kozhikkode in O.S.No.774 of 2011. By order dated 19.10.2015 the appeal was referred for mediation. Accordingly the dispute has mediated at the Ernakulam Mediation Centre (High Court) and parties have entered into agreement dated 9.11.2015 settling the dispute entirely. In view of the settlement thus arrived at, this appeal is disposed of, directing that the decree will stand modified in terms of the mediation agreement dated 9.11.2015. The appellant will also be entitled to refund of the court fee paid on the appeal. Sd/- ANTONY DOMINIC, JUDGE.

Sd/- P.V.ASHA, JUDGE.

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