IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5191 OF 2002

M.V. UMANG & ORS. .......APPELLANT(S)  

Versus

KAMLA KANT DUBE (DEAD) THR. LRS. & ANR.

.....RESPONDENT(S)

O R D E R

This 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.   

2. The 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).   

3. When the matter came up today, learned counsel for the appellants  handed

over Demand Draft No.205840 dated 8.12.2008  

.......2.

- 2 -

for 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.  

4. In 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.  

5. In view of the above settlement, the question of territorial jurisdiction raised

by the appellants does not require consideration and is left open.    

6. The 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.

7. Appeal is disposed of accordingly.

  ...........................J.    ( R.V. RAVEENDRAN )

New Delhi;    ...........................J. December 16, 2008.           ( J.M. PANCHAL )