HOWAMMA JOHN Vs. BOBBY IPE

JUDGEMENT

(1.) When this matter was called today, the learned counsel for the parties are ad idem that the disputes between their respective clients have been' settled through the High Court Mediation Centre, Ernakulam.

(2.) I notice that the learned Mediator has filed a report dated 12/03/2020 enclosing the Memorandum of Agreement between the parties. The said Memorandum has been signed by both sides as also by their learned counsel and I, therefore, see no reason why it should not be accepted by this Court. In the afore circumstances, I dismiss this appeal confirming the impugned Arbitration Award and the judgment of the First Appellate Court, however, directing that the execution of the same shall be deferred as long as the parties comply with the terms of the agreement recorded in the Memorandum of Settlement. Needless to say, in the event of default being committed by either of them to the terms of the agreement, the other Will be at liberty to act in terms of the clauses in the Memorandum of settlement. I, therefore, order that the Memorandum of Settlement will be appended to this judgment and will construed as a part of it. In view of the settlement of the disputes between the parties, I direct the Registry to refund the court fee paid on this memorandum of appeal to the appellant.