M.V. Umang & Ors.
Vs. Kamla Kant Dube (Dead) Thr. LRS. & ANR.  INSC 2177 (16 December
JURISDICTION CIVIL APPEAL NO. 5191 OF 2002 M.V. UMANG & ORS.
appeal arises out of a decision regarding jurisdiction in a suit filed by the
LRs of an employee of the first appellant, for additional compensation/damages.
The appellants have approached this Court feeling aggrieved by the decision of
the High Court on the issue of jurisdiction.
matter was referred by this Court to mediation on 15.10.2008. The parties,
accordingly, appeared before the Delhi High court Mediation and Conciliation
Centre and have settled the matter. The Mediation Centre has submitted the
'Settlement Agreement' under cover of its letter dated 8.12.2008. Under the
said agreement, the appellants have agreed to pay Rs.11,20,000/- (Rupees eleven
lakhs twenty thousands only) over and above the payments already made, to the
respondent No.2 (mother of the deceased).
the matter came up today, learned counsel for the appellants handed over Demand
Draft No.205840 dated 8.12.2008 .......2.
Rs.11,20,000/- drawn in favour of the second respondent-Smt. Santosh Kumari
Dubey (issued by the ABN Amro Bank, payable at HDFC Bank, Allahabad). The
learned counsel for the respondents acknowledged receipt of the same. A copy of
the demand draft is also made available to the Court. Both the parties also
confirm that neither party has any outstanding claim against the other.
view of the said payment, Admiralty Suit No.33/1997 on the file of the Bombay
High Court, stands disposed of as settled out of Court.
view of the above settlement, the question of territorial jurisdiction raised
by the appellants does not require consideration and is left open.
bank guarantee said to have been furnished by the appellants for a sum of
Rs.45,00,000/- (Rupees forty five lakhs only), filed before the High Court,
shall be discharged and returned to the appellants.
is disposed of accordingly.
( R.V. RAVEENDRAN )