Karnataka High Court
M/S Navarathri Creations vs Mysuru Dasara Festivities-1999 on 18 December, 2021
Bench: Lok Adalath
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2021
CONCILIATORS PRESENT:
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
&
SMT. S.SUSHEELA, MEMBER
Crl.RP No. 61/2012
(Lok Adalat No. 2405/2021)
C/W
WP NO. 52312/2017 (GM-CPC)
(Lok Adalat No. 3408/2021)
IN Crl.RP No.61/2012
BETWEEN:
1. M/S NAVARATHRI CREATIONS
# 1161, 22ND CROSS, 23RD MAIN,
BSK 2ND STAGE, BANGALORE - 70.
BY ITS PARTNERS, H S MURALI,
SRICHARAN.
2. H S MURALI,
PARTNER, AGED 48 YEARS,
M/S NAVARATHRI CREATIONS,
# 1161, 22ND CROSS, 23RD MAIN,
BSK 2ND STAGE, BANGALORE - 70.
3. SRICHARAN, PARTNER,
AGED 48 YEARS,
M/S NAVARATHRI CREATIONS,
# 1161, 22ND CROSS, 23RD MAIN,
BSK 2ND STAGE, BANGALORE - 70.
... PETITIONERS
(BY SRI. K.S.MANJUNATH, ADVOCATE)
2
AND:
1. MYSORE DASARA FESTIVITIES - 1999
KARNATAKA STATE GOVERNMENT
EXHIBITION PREMISES, DODDAKERE MAIDAN,
MYSORE - 570 010.
BY ITS DASARA SPECIAL OFFICER
SRI. V RANGANATH, MAJOR,
(CEO, EXHIBITION DEVELOPMENT
AUTHORITY, MYSORE)
... RESPONDENT
(BY SPP FOR RESPONDENT / STATE)
THIS CRL.RP FILED U/S.397 CR.P.C BY THE ADVOCATE FOR THE
PETITIONERS PRAYING THAT THIS HON'BLE Court MAY BE PLEASED
TO SET ASIDE THE ORDER DATED: 5.12.11 PASSED IN
CRL.A.NO.46/11 (ANNEXURE-A) ON THE FILE OF THE III ADDL. S.J.,
MYSORE, AND ORDER DATED: 28.2.11 PASSED IN C.C.NO.71/05 ON
THE FILE OF THE IV ADDL. I C.J. AND JMFC, MYSORE (ANNEXURE-C)
AND ETC.
IN WP No.52312/2017
BETWEEN:
1. M/S NAVARATHRI CREATIONS
# 1161, 22ND CROSS, 23RD MAIN, BSK 2ND STAGE,
BENGALURU - 560 070.
REPRESENTED BY ITS PARTNERS:
SRI. H S MURALI, SRI. SRICHARAN.
2. SRI. H S MURALI, PARTNER,
# 1161, 22ND CROSS, 23RD MAIN, BSK 2ND STAGE,
BENGALURU - 560 070.
3. SRI. SRICHARAN, PARTNER,
# 1161, 22ND CROSS, 23RD MAIN, BSK 2ND STAGE,
BENGALURU - 560 070.
... PETITIONERS
(BY SRI. K.S.MANJUNATH, ADVOCATE)
AND:
1. MYSORE DASARA FESTIVITIES - 1999
KARNATAKA STATE GOVERNMENT,
EXHIBITION PREMISES, DODDAKERE MAIDAN,
MYSORE - 570 010.
REPRESENTED BY ITS SPECIAL OFFICER,
NAME NOT KNOWN.
... RESPONDENT
THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF
INDIA BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO DECLARE THE IMPUGNED
ORDER DATED: 22ND MARCH 2015 IN MISC.34/2015 ON THE FILE OF
LEARNED PRINCIPAL SENIOR CIVIL JUDGE, MYSURU (ANNEXURE-A)
PREFERRED AGAINST HIS JUDGEMENT AND DECREE DATED
27.03.2015 IN O.S.NO.139/00 IS INVALID AND DESERVED TO BE SET
ASIDE AND THE MISC.34/15 ON HIS FILE NEED TO BE ALLOW AND
ETC.
BOTH THESE CRL.RP AND WP ARE COMING BEFORE MEGA LOK
ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Petitioner & Respondent
are present through video conferencing/Physical Hearing.
2. After prolonged negotiations, the matter is settled. Both parties
have filed Joint Memo which reads as under:
"This Crl.R.P is preferred against the Judgment
in Crl.A No.46/2011 on the File of the III
Learned Additional Session Judge, Mysore who
has confirmed the conviction order dated
05.01.2011 passed by the Learned IV Additional
I Civil Judge (Junior Division) & JMFC, Mysore on
her file in C.C.No.71/2005. The case is taken
along with Writ Petition No. 52312/2017 filed by
the petitioner herein assailing the order dated
22.03.2017 passed the learned Principal Senior
Civil Judge & CJM, Mysore on his file in
miscellaneous 34/2015 (Review Petition)
dismissing the same and confirming the
judgment in O.S No. 139/2000 passed on
27.03.2015 decreeing the suit of plaintiff. Both
the cases have been referred to Lok-Adalat vide
its order dated 02.12.2021 by the Hon'ble High
Court U/S. 20 of the Legal Services Authorities
Act. 1987. The parties to the petition have
settled their claim before the Lok Adalat in the
following manner:
The petitioners have agreed to settle the
matter with the respondent on the following
terms:
1. The Petitioner is ready and willing to pay total
sum of Rs.10,00,000/- (Rupees Ten Lakhs
only) to the respondent as a full and final
settlement of all the claim of the respondent
herein. The break up figure of Rs. 10,00,000/-
is given below:
a. Rs.2.60.000 (Rupees Two lakhs Sixty Thousand)
have been deposited at the time of appeal in
Criminal Appeal No.46/2011. The respondent is
at liberty to withdraw the same.
b. The balance sum of Rs.7,40,000/- (Rupees
Seven Lakhs forty Thousand only) need to be
paid by the petitioner to the respondent herein.
c. The Petitioner is ready and willing to pay the
said balance amount Rs.7,40,000/- in seven
installment starting from January 2022
commencing from 16th January 2022.
d. The respondent is kind enough to concede the
aforesaid settlement and have endorsed their
signature as a token of acceptance.
e. The respondent is represented by
Sri. Shivaprasad, Tahasildar, Protocal DC Office,
Mysore, who is authorized to sign this Joint
Memo reporting the settlement hereinabove.
f. In view of the settlement as aforesaid, the
parties hereinabove request this Hon'ble Court
to record the settlement morefully stated supra
and pass appropriate order in accordance with
law in the interest of justice."
3. As prayed for by Learned High Court Government Pleader, it is
clarified that, since the matter is settled in Lok Adalat, the same shall
not be subject to any audit objection.
4. Accordingly both Crl.RP No. 61/2012 and WP No. 52312/2017
are hereby disposed of in terms of the Joint Memo.
Sd/-
JUDGE
Sd/-
MEMBER
RN
FILED BEFORE LOK ADALAT
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE HIGH COURT LOK ADALAT
Crl.R.P No.61/2012
(LOK ADALATH NO. 2405/2021)
C/W
W.P. No.52312/2017
(LOK ADALATH NO. 3408/2021)
BETWEEN:
M/s. Navarathri Creations and others ... Petitioners
AND:
Mysore Dasara Festivites-1999 ... Respondent
JOINT MEMO
This Crl.R.P is preferred against the Judgment in Crl.A No.46/2011 on the
File of the III Learned Additional Session Judge, Mysore who has confirmed the
conviction order dated 05.01.2011 passed by the Learned IV Additional I Civil Judge
(Junior Division) & JMFC, Mysore on her file in C.C. No.71/2005. The case is taken
along with Writ Petition No.52312/2017 filed by the petitioner herein assailing the
order dated 22.03.2017 passed the learned Principal Senior Civil Judge & CJM,
Mysore on his file in miscellaneous 34/2015 (Review Petition) dismissing the same
and confirming the judgment in O.S No.139/2000 passed on 27.03.2015 decreeing
the suit of plaintiff. Both the cases have been refereed to Lok--Adalath vide its
order dated 02.12.2021 by the Hon'ble High Court U/S.20 of the Legal Services
Authorities Act.1987. The parties to the petition have settled their claim before the
Lok Adalat in the following manner:
The petitioners have agreed to settle the matter with the respondent on the
following terms:
1. The Petitioner is ready and willing to pay total sum of Rs.10,00,000/-
(Rupees Ten Lakhs only) to the respondent as a full and final settlement of
True Copy
Sd/-
Secretary
all the claim of the respondent herein. The break up figure of
Rs.10,00,000/- is given below:
a. Rs.2,60,000 (Rupees Two lakhs Sixty Thousand Only) have been deposited at
the time of appeal in Criminal Appeal No.46/2011. The respondent is at
liberty to withdraw the same.
b. The balance sum of Rs.7,40,000/- (Rupees Seven Lakhs Forty Thousand only)
need to be paid by the petitioner to the respondent herein
c. The Petitioner is ready and willing to pay the said balance amount
Rs.7,40,000/- in seven installment starting from January 2022 commencing
from 16th January 2022 .
d. The respondent is kind enough to concede the aforesaid settlement and have
endorsed their signature as a token of acceptance.
e. The respondent is represented by Sri. Shivaprasad, Tahasildar, Protocal DC
Office, Mysore, who is authorized to sign this Joint Memo reporting the
settlement hereinabove
In view of the settlement as aforesaid, the parties hereinabove request this
Hon'ble Court to record the settlement morefully stated supra and pass appropriate
order in accordance with law in the interest of justice.
Sd/- Sd/-
ADVOCATE FOR PETITIONER PETITIOER
Sd/- Sd/-
ADVOCATE FOR RESPODENT RESPODENT
Bangalore
Date:18.12.2021
True Copy
Sd/-
Secretary
