Syed Ismail Ahammed vs Sri Dhananjaya
2021 Latest Caselaw 6762 Kant

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   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. 152/2020
                (Lok Adalat No. 3185/2021)

BETWEEN:
SYED ISMAIL AHAMMED
S/O SYED AHMED
AGED ABOUT 43 YEARS,
R/AT NO.05, C3 BLOCK KPWD HOUSE,
PASSPORT OFFICE BACK SIDE,
KORAMANGALA, BANGALORE
ALSO AT
GROUP D EMPLOYEE
OFFICE OF CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT,
BUILDING SOUGHT, K.R.CIRCLE,
BANGALORE - 560 001
                                               ... PETITIONER
(BY SRI. VIJAYA KUMAR BHAT A, ADVOCATE)
AND:
SRI. DHANANJAYA
S/O SRI. CHIKKAIAH
PROPRIETOR, DURGA XEROX CENTRE,
AGED ABOUT 46 YEARS,
R/AT NO.18, 11TH CROSS,
KAMAL SILKS, K.G.ROAD,
OPP. BANAPPA PARK,
CUBBON PET,
BANGALORE - 560 002
                                             ... RESPONDENT

(BY SRI. G S BALAGANGADHAR, ADVOCATE)

THIS CRL.RP FILED U/S 397 R/W 401 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE DICTUM OF JUDGMENT RENDERED ON IN C.C.N.11434/2015 DATED 04.07.2016 BY 13TH A.C.M.M., AT BENGALURU AND CONFIRMED BY APPELLATE COURT IN CRL.A.NO.871/2016 DATED 06.01.2020 BY THE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU WITHOUT ALTERING ANY SENTENCE OR QUANTUM OF FINE. AND ETC.,

THIS CRL.RP COMING ON FOR CONCILIATION 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:

"At the instance of well wisher of both the parties the above case in settled between the parties as per following terms and conditions.

1. Towards full and final settlement, Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) is agreed by both the parties.

2. Out of the said amount, the revision-petitioner has deposited a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) as per interim orders of the Hon'ble Court. Out of said amount, the Respondent has already withdrawn a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) as per Court Order. The Respondent is also entitle to receive the balance deposit amount of Rs. 1,00,000/- (Rupees one Lakh only) before trial court.

3. The Petitioner has agreed to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand only) to the Respondent on 20.12.2021

4. The Petitioner agreed to pay a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) on 10-1-2022 to the Respondent.

5. The Petitioner agreed to pay a sum of Rs. 1,00,000/- (Rupees One Lakh only) to the respondent on 10-6-2022.

If the Petitioner commits default in making payments, Respondent-complainant is at liberty to initiate recovery proceedings / FLW before Trial Court as per Trail Court Judgement as per law in the interest of justice and equity.

Wherefore, both the parties humbly pray the Hon'ble Court to dispose off case as per Joint Memo in the interest of justice and equity."

3. Accordingly, this Crl.RP is hereby disposed of in terms of the

Joint Memo.

Sd/-

JUDGE

Sd/-

MEMBER

RN

FILED BEFORE LOKADALAT IN THE HIGH COURT OF KARNATAKA, BENGALURU CRL. R.P. NO. 152/2020 (LOK ADALATH NO. 3185/2021)

BETWEEN:

SYED ISMAIL AHAMMED ... PETITIONER

AND:

SRI. DHANANJAYA                                                   ...RESPONDENT

                                  JOINT MEMO

At the instance of well wisher of both the parties the above case in settled between the parties as per following terms and conditions.

1. Towards full and final settlement, Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) is agreed by both the parties.

2. Out of the said amount, the revision-petitioner has deposited a sum of Rs.4,00,000/- (Rupees Four Lakhs only) as per interim orders of the Hon'ble Court. Out of said amount, the Respondent has already withdrawn a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as per Court Order. The Respondent is also entitle to receive the balance deposit amount of Rs.1,00,000/- (Rupees One Lakh only) before trial court.

3. The Petitioner has agreed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the Respondent on 20.12.2021

4. The Petitioner agreed to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) on 10-1-2022 to the Respondent.

5. The Petitioner agreed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) to the respondent on 10-6-2022.

True Copy

Sd/-

Secretary

If the Petitioner commits default in making payments, Respondent- complainant is at liberty to initiate recovery proceedings / FLW before Trial Court as per Trail Court Judgment as per Law in the interest of justice and equity.

Wherefore, both the parties humbly pray the Hon'ble Court to dispose off case as per Joint Memo in the interest of justice and equity.

        Sd/-                                        Sd/-
ADVOCATE FOR PETITIONER                     ADVOCATE FOR RESPONDENT

            Sd/-                                        Sd/-
       PETITIONER                                   RESPONDENT

Bengaluru
Date: 18/12/2021
                                                           True Copy


                                                              Sd/-
                                                           Secretary