Gipin.S.P v. The Greater Cochin Development Authority - Kerala High Court, 29 June 2022

IN THE HIcll COURT 0F KERALA AT ERNAKULAM PRESENT THE HONOuRABLE MR.JUSTICE V.C.ARUN WEDNE AY, THE 29TH DAY 0F JUNE 2®22 / 8TH AsllADHA, 1944 wpfci in6. 46ii oF 2®ig PETITIONERS : GIPIN . S . P AGED 45 YEARS S/®. SIMON , PALAKRAPILLY HOUSE, KOPRAMBIL LANE, lcADAVANTHARA, KOCHI , Plu -6€2 ®20 BY ADVS. T.H.ABDUL AZEEZ SRI . MOHAMMED SADIQUE . T . A RESponDEH-rs : 1 THE GREATER cOcHIH DEVELopMENT AUTHORI-rv REPRESENTED BY ITS SECIRETARY, KADAvl\lATHARA, KOCHI, PIN 1682 02® THE SECRETARY, THE GREATER COCHIN WOULD DEVELOPMENT AUTlloRITY, KADAVANTHARA, KOCHI, PIN-682 ®2® BY ADVS. VIPIN P VARGHESE, STANDING COUNSEL FOR GCDA ARUN ANTONY SRI. V. RAJASEKHARAM HAIR THIS WRIT PETITION (CIVIL) HAVING COME uP FOR ADMISSION 0N 29.®6.2022, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 48710F 2019 NB/29-6 Dated this the 29th day of June, 2022 Learned Counsel for the petitioner submits that the dispute involved has been settled through mediation. This is recorded and the writ petition is closed. V.G.ARUN JUDGE

WP(C) NO. 48710F 2019 PETITIONER' S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 EXHIBIT Plo AppENDlx OF wprc) 4871/2®i9OF THE ORDER DATED 27/2/2®12 0F THE IST RESPONDENTOF THE RECEIPTS (2NOS) ISSUED BY THE RESPONDENTOF THE STATEMENT SHOWING THE DUE DATE,AeiuAL DATE oF pA¥riEivi, iiniEREsi AI i2% oiv THE DELAyED pAyMEIIT f=iroM 27/2/2®i2 To i®.4.15 ISSUED BY THE IST RESPONDENT0F TIIE NOTICE NO 121®/C 14/REVENUE/81/GCDA DATED 19/2/2®18 ISSUED BY THE ZND RESPONDENT IO THE PEIIT-I0NEROF THE REPRESENTATION DATED 27/2/2®18 SUBMITTED BY THE PETITIONER TO TH E 2ND RESPONDENT0F THE NOTICE NO.1517/C5B/CCDA/2®18 DATED 12/6/2018 ISSUED BY THE 2ND RESPONDENTOF THE INVOICE N0 RT 2744 DATED 5/7/2®18 ISSUED BY THE 2ND RESPONDENT0F THE RECEIPT 9/5/2®18 ISSUED BY THE 2ND RESPONDENT TfwE COPY 0F TllE JUDGMENT DATED 3/9/2®18 0F THIS HONOURABLE COURT IN WRIT PETITION (C® NO . 26637/2®180F THE ORDER NO.C.14/4045/12/GCDA DATED 22/12/2®18 ISSUED BY THE IST RESPONDENT RESPONDENTS' EXHIBITS : NILi.A. io juD6E

BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM Gipin S.P ® rl Petitioner Vs. Greater cochin DevelopmentAuthority : Respondents & Another ADE- Mediated, matter is settled. Terms and conditions are attached herewith. Dated this the 14th day of June, 2022. Mediator Ernakulam Mediation Centre

t rl r\ BEFORE THE HONOURABLE HIGH COUFIT OF KERALA AT ERNAKULAM Gipin S.P Petitioner Vs. Greater cochin DevelopmentAuthority : Respondents & Another MEMORANDUM OF AGREEMENT UNDER SECTloN 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008=

Both parties hereby agree that the rent is fixed at the rate of Rs 28.5/Sq.ft per month for the area of 309.753 sq.ft, and paid annually from 14/06/2022. The rent win increase @ 5% in every year from this date and corresponding security deposit is to be paid. 2, Both parties further agree that aH other conditions in the rental agreement between the petitioner and respondent will continue.

Petitioner agrees to pay the difference between GST paid by GCDA on the enhanced rent demanded by GCDA and the GST collected from the petitioner if any tin the date of interim order dated 18/02/2019 was passed by this Hon[ble Court. \p(ws.P ve Kerala Stale h':€¢i Ion and Concllidijon C.ntfe Hlgh Court of Kerala \ * ..., K®chi -682 031

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Petitioner agrees to pay the rent arrear if any within 3 months from this date. However, the exemption on rent granted due to Covid-19 shaH be granted to the petitioner. 5, ln violation of the conditions as stated above any of the aggrieved party can approach before the Court for executing the decree passed in the above case.

Both the parties agrees to dispose of the above Writ Petition in terms of the compromise agreement without cost to either parties. Dated this the 14th day of June, 2022. Gpieptii:i::# Respondent ..,,g:,-3¥fi,:t:- i!:S.I I , ',r:. Rat{{±cn»u=u¢st€.+~-, (-.i,uJ2r\g i:''=` , `1, Ii i-¥4t i:i,,,t;i, Greater cochin Development Authority ``` `` Tt i. +`.4;i;a;?f' i---i----I-,=_, i/, Jzy,_, :, Counsel forthe petitioner Counsel Ke(dia Olaic li:a ar.a Coi`ciliation €.ntre High Couit ot Kerala Kochi - 682 031