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Jacky T.M. vs the Manager

Jacky T.M. vs The Manager

Type Court Judgment Court Kerala Decided Oct 31, 2023
~3 min read
https://sooperkanoon.com/case/1384274

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/1952/2021

Parties & Advocates

Appellant / Petitioner

Jacky T.M.

Respondent

The Manager

Excerpt

.....date. in view of the settlement arrived at between the parties, through mediation, this original petition is closed, recording the memorandum of agreement arrived at between the parties dated 16.08.2023, which shall form part of this judgment. bechu kurian thomas judge jm/ appendix of op(c) 1952/2021 petitioner exhibits exhibit p1 the true copy of the r.c.particulars ofpetitioner's 2018 model maruthi ignis sigma (petrol) bs-iv lmv - motor car bearing registration no.kl-08-bs-1462. exhibit p2 the true copy of the relevant pages of the account statement issued by the 2nd respondent. exhibit p3 the true copy of the notice dated 31/08/2021 issued by the 1st respondent to the petitioner. exhibit p4 the true copy of the plaint in o.s.no.1786/2021 on the file of the munsiff court, thrissur filed by the petitioner against the 2nd respondent.exhibit p5 the true copy of the order dated 13/10/2021 in i.a.no.2/2021 in o.s.no.1786/2021 on the file of the munsiff court, thrissur. exhibit p6 the true copy of the order dated 21/10/2021 in i.a.no.2/2021 in c.m.a.(arb) no.167/2021 of the iii additional district judge, thrissur. exhibit p7 true copy of the receipt of rs.1,57,700/- before the 2nd respondent dated 29/11/2021 exhibit p8 true copy of the receipt of rs.2006/-dated exhibit p9 true copy of the statement of account furnished by the 2nd respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 OP(C) NO. 1952 OF 2021 AGAINST THE ORDER/JUDGMENT CMA(Arb) 167/2021 OF III ADDITIONAL DISTRICT COURT, THRISSUR / II ADDITIONAL MACT, THRISSUR PETITIONER/S: JACKY T.M. AGED 47 YEARS S/O.THANKA, THOTTUMKARA UTHEN VEEDU, WEST VELLANIKKARA, MADAKKATHARA P.O., THRISSUR. BY ADV B.MOHANLAL RESPONDENT/S:

1 THE MANAGER POONAWALA FIN CORP LIMITED (FORMER MEGNA FIN CORP LIMITED), REGIONAL OFFICE, JAIN TOWER, 1ST FLOOR, OPP. POWER HOUSE JUNCTION, BYE-PASS ROAD, VYTTILLA, ERNAKULAM - 682 028. 2 THE BRANCH MANAGER POONAWALA FIN CORP LIMITED (FORMER MAGNA FIN CORP LIMITED), II FLOOR, E-TOWN SHOPPING, EAST FORT JUNCTION, THRISSUR - 680 005. BY ADVS. NIRMAL.S NIRMAL.S (K/003502/1999) (By order) for respondents

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

======================== O.P.(C)No.1952 of 2021 ------------------------------------------------ Dated this the 31st day of October 2023

JUDGMENT

Learned Counsel for the petitioner as well as the respondent submits that the matter has been settled through mediation and a report dated 16.08.2023 has been placed along with a memorandum of agreement of the same date. In view of the settlement arrived at between the parties, through mediation, this original petition is closed, recording the memorandum of agreement arrived at between the parties dated 16.08.2023, which shall form part of this judgment. BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF OP(C) 1952/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE R.C.PARTICULARS OF

PETITIONER'S 2018 MODEL MARUTHI IGNIS SIGMA (PETROL) BS-IV LMV - MOTOR CAR BEARING REGISTRATION NO.KL-08-BS-1462. Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE ACCOUNT STATEMENT ISSUED BY THE 2ND RESPONDENT. Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 31/08/2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P4 THE TRUE COPY OF THE PLAINT IN O.S.NO.1786/2021 ON THE FILE OF THE MUNSIFF COURT, THRISSUR FILED BY THE PETITIONER AGAINST THE 2ND RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE ORDER DATED 13/10/2021 IN I.A.NO.2/2021 IN O.S.NO.1786/2021 ON THE FILE OF THE MUNSIFF COURT, THRISSUR. Exhibit P6 THE TRUE COPY OF THE ORDER DATED 21/10/2021 IN I.A.NO.2/2021 IN C.M.A.(ARB) NO.167/2021 OF THE III ADDITIONAL DISTRICT JUDGE, THRISSUR. Exhibit P7 TRUE COPY OF THE RECEIPT OF RS.1,57,700/- BEFORE THE 2ND RESPONDENT DATED 29/11/2021 Exhibit P8 TRUE COPY OF THE RECEIPT OF RS.2006/-DATED Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNT FURNISHED BY THE 2ND RESPONDENT

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Same Court & Year Kerala · 2023 Same Parties Jacky T.M. vs The Manager Same Judge Honourable Mr. Justice Bechu Kurian Thomas

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