Ashraf Naina v. Greater Cochin Development Authority - Kerala High Court, 01 April 2022

IN THE EITGH COURT OF KERALA AT ERNAKuliAM ERESENI THE roNot7RABLE MR. rusTlcH p.v.RI7NHIECRlsEDiAN m|DZH, TEE isT DAY oF APRII, 2o22 / ii" cmlTm, 1944 WPIC) NO. 82610F 2020 EurlTIC- EuSPONDENI ASHRAF NAINA, AGED 54 YEARS 44/2688 ASSOCIATION NO.16, MASJID ROAD, DESHABHIMANI, KALOOR, COCHIN-682017 BY ADV PREMJIT NAGENDRAN GREATER COCHIN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, ERNAKULAM-682020 BY ADV SMT.MINI.V.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

wp(c).826irao2o JUDGMENT

The writ petition is filed with the following prayers : (a) to issue a writ of certiorari or other appropriate writ, direction or order calling for records leading to Ext.P5 order issued by the respondent and quashing the same. (b) to award the cost of this petition to the petitioner,

The matter was referred for mediation. When the writ petition came up for consideration it is submitted that the matter js settled and a report to that effect is submitted by the mediator. Memorandum of agreement signed by both sides is also produced. In the light of the same, this writ petition can be closed.

Recording the memorandum of agreement dated 9.11.2021 between the parties, the writ petition is closed. Memorandum of agreement will form part of the judgment. P.V.KUNHIKRISHNAN, Judge Mrcs

wp(c).826ira020 Appmolx oF wp(c) 8261/2o20 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE PHOTOCOPY OF THE DEED 0F LEASE DATED 11.05.2005 WAS ENTERED INTO BY THE PETITIONER AND THE RESPONDENT TRUE PHOTOCOPY OF A INVOICE NO.RT2640 DATED 04.07.2018 AOF THE RECEIPT EVIDENCING PAYMENT NO.2474 DATED 15.08.2016 A COPY OF REPRESENTATION MADE BY THE PETITIONER DATED 20.02.2020 TRUE PHOTOCOPY OF THE LETTER NO.4291/C17?F-2106(B)GCDA DATED 20 . 02 . 2020 PHOTOCOPY OF THE JUDGMENT PASSED BY THE PRINCIPAI. MUNSIFF COURT, ERNAKULAM, IN OS 1046/2018 DATED 30.07.2019OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 34432/2018 DATED 17 . 01. 2020

BEFORE THE HONOURABLE H.GH COURT OF KERALA AT ERNAKULAM W.P.(C). No.8261/2020 Ashraf Naina Vs. Greater cochin Development Authority : Petitioner Respondent MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE KERALA CIVIL PROCEDURE (MEDIATloN), RULES, 2008=

Both parties hereby agree that the rent is fixed at the rate of Rs 23.15/Sq.ft per month from 09/11/2021. i-he rent will increase @ 5% in every year from this date.

Both parties further agree that all other conditions in the rental agreement between the petitioner and respondent will continue.. Both the parties agree that a fresh lease deed shall be executed within 3 months from today.

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 till the date of interim order dated 17/03/2020 was passed by the Hon.ble /<;o,urt4<°;f4%dru kela;a Slale higd!ation and Conciliati. . Centre tiigh Court of Kerala Kochi -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 shall be granted to the petitioner.

In 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 that the above case may be disposed of in terms of the compromise agreement without cost to either parties, Dated this the 9th dayof November, 2021. Petitioner Ashraf Najna Respondent l{,twife n-jut-r ul. ®cmo n)!iul6TT3- Greater Cochin Development Authori #=:Counse#e#e:D!';:`ovn+A Counsel for the Petitioner pQprdi.fe Ngrve44. Couhse[ for the Respondent -...( Xefa\a§tatedediatmand1-r.::".tioncerfue High cour o Koch` -6c£ `,J 1