M.M. CHANDY S/O LATE M.C. MATHEW, SMT. BIBI CHANDY W/O SHRI M.M. CHANDY, MRS. BEENA PHILIP W/O SRI PHILIP KURUVILLA AND MRS. SWAPNA MAMMEN W/O GEORGE MAMMEN Vs. SMT. DAMAYANTHI BAI AND OTHERS

JUDGEMENT

(1.) ON 22.04.2009, this Court has passed the following order on the compromise petition filed by the parties:

(2.) TODAY , the counsel for the petitioners has produced a copy of the registered Power of Attorney executed by petitioner No. 3 in favour of petitioner No. 4 authorizing him to enter into tie compromise on behalf of petitioner No. 3 as well. Memo and copy of the registered Power of Attorney is taken on record. The subject matter of the dispute is sought to be fully and completely settled between the parties in terms of the compromise reached between them.

(3.) IN the light of the above, the compromise petition is accepted. In Clause 8.4 of the terms of compromise, petitioner No. 1/defendant No. 1 has agreed to pay to the plaintiff -respondent No. 1 a non -refundable sum of Rs. 1,00,00,000/ - (Rupees One Crore only) at the time of acceptance of the compromise by the Court. Pursuant to this clause contained in the compromise, petitioner No. 1/defendant No. 3 has paid a Cheque bearing No. 4842500101660401 dated 24.04.2009 favouring plaintiff -respondent No. 1 for a sum of Rs. 1,00,00,000/ -. This payment of the amount through cheque is acknowledged by the counsel appearing for respondent No. 1. In view of the payment of the amount as agreed, fifth defendant/fifth respondent herein will be entitled to resume and proceed with the construction of the project in terms of the Joint Development Agreement as per Clause 10 of the compromise petition.