Karnataka High Court

Smt Suma M vs M/S Rajass Technologies Pvt Ltd on 6 January, 2021

Author: Aravind Kumar Yerur

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6THDAY OF JANUARY 2021

                       PRESENT

        THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

                         AND

   THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR

       REGULAR FIRST APPEAL No.1363 OF 2020
                       C/W
             RFA CROB NO. 18 OF 2020

IN RFA.No.1363/2020:

BETWEEN:

SMT. SUMA M.
W/O.SRI A.GANESH,
AGED ABOUT 29 YEARS
PROPRIETRIX
AMBAARI GRANITES
R/AT NO. 115/1, IST MAIN
11TH CROSS, B.M.SRINAGAR
METAGALLI, MYSURU - 570 016

REPRESENTED BY GPA HOLDER
MR. A.GANESH
S/O.SRI ANNAMALAI
AGED ABOUT 35 YEARS                    ... APPELLANT

(BY SRI MANMOHAN P.N., ADVOCATE)

AND:

M/S RAJASS TECHNOLOGIES PVT. LTD.
A BODY CORPORATE CONSTITUTED UNDER
THE INDIAN COMPANIES ACT (ACT 1 OF 1956)
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HAVING ITS REGISTERED OFFICE AT
NO. A 265, 6TH MAIN
PEENYA INDUSTRIAL ESTATE
2ND STAGE , BENGALURU
REPRESENTED BY ITS DIRECTOR
SRI C.PRAKASH
S/O.LATE CHIKKEGOWDA
AGED ABOUT 49 YEARS                    .... RESPONDENT
(BY SRI RAHUL S.REDDY, ADVOCATE)
                         *****
      THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED
12.02.2020 PASSED IN O.S.NO.225/2018 ON THE FILE OF III
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU.

RFA.CROB.NO.18 OF 2020

BETWEEN:

M/S.RAJASS TECHNOLOGIES PVT. LTD.
A BODY CORPORATE CONSTITUTED UNDER
THE INDIAN COMPANIES ACT (ACT 1 OF 1956)
HAVING ITS REGISTERED OFFICE AT
NO.A 265, 6TH MAIN, PEENYA INDUSTRIAL ESTATE
2ND STAGE , BENGALURU - 560 058

REPRESENTED BY ITS DIRECTOR
SRI C. PRAKASH
S/O.LATE CHIKKEGOWDA
AGED ABOUT 51 YEARS                 .... CROSS OBJECTOR
(BY SRI RAHUL S. REDDY, ADVOCATE)


AND:

SMT.SUMA M.
W/O.SRI A.GANESH,
AGED ABOUT 30 YEARS
PROPRIETRIX, AMBAARI GRANITES
R/AT NO.115/1, 1ST MAIN
11TH CROSS, B.M.SRINAGAR
                              3




METAGALLI
MYSURU - 570 016                          .... RESPONDENT
(BY SRI MANMOHAN P.N., ADVOCATE)
                         *****

      THIS CROSS OBJECTION IS FILED UNDER ORDER 41
RULE 22 OF CPC PRAYING TO SET ASIDE THE FINDINGS IN THE
JUDGEMENT AND DECREE DATED 12.02.2020 PASSED IN
O.S.NO.225/2018 BEFORE III ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, MYSURU ON ISSUE NO.5 TILL DECREE OF THE
SUIT.

     THIS APPEAL AND CROSS OBJECTION COMING ON FOR
ORDERS THIS DAY, ARAVIND KUMAR J., DELIVERED THE
FOLLOWING:

                    JUDGMENT

This is defendant's appeal calling in question the

correctness and legality of the order dated 12.02.2020

passed by the III Additional Senior Civil Judge & CJM,

Mysuru in O.S.No.225/2018 whereunder suit filed by the

plaintiff claiming arrears of rent of Rs.18,00,000/- with

interest @ 21% per annum from the date of suit till

recovery of entire amount came to be adjudicated and

decreed in part, as under:

"Suit of the plaintiff is directed in part with cost.

The defendant is liable to surrender the possession of the suit schedule

property to the plaintiff-company within 3 months from the date of this order.

Further the plaintiff has to adjust the security amount of Rs.10,00,000/- in the rent amount as claimed in the suit i.e., Rs.18,00,000/- from the defendant. The defendant is liable to pay remaining amount of Rs.8,00,000/- to the plaintiff company.

With regard to the future rent from date of suit is concerned the plaintiff company has cause the damage to the defendant due to disconnection of electricity. Hence the said rent has to be set off for the damage caused to the defendant.

If the defendant is failed to hand over the possession of suit schedule property then the defendant is liable to pay Rs.1,27,000/- per month rent to the plaintiff company from the date of this order till hand overing of possession of the suit schedule property."

2. Parties have filed a compromise petition under

Order XXIII Rule 3 r/w Section 151 of CPC, whereunder

they have stated that at the intervention of relatives and

well wishers they have arrived at a settlement and terms

and conditions of settlement as agreed to reads:

"(a) The respondent company agrees that the judgment and decree of the trial court directing the appellant to pay a

further sum of Rs.8,00,000/- towards arrears of rent and Rs.1,27,000/- per month till handing over of possession be set aside.

(b) The appellant shall not seek for damages from the respondent.

(c) The respondent has permitted the appellant to remove all her items including machineries, finished items, etc. from the schedule property at her cost within a period four weeks from the date of this compromise.

(d) The appellant undertakes to withdraw Writ Petition No.9399/2020 and undertakes not to seek for recovery of possession of the property from the respondent.

(e) The respondent agrees that no amount whatsoever is payable by the appellant to the respondent and all mutual claims are hereby fully and finally settled.

(f) The amounts payable is CESCOM towards electricity charges, etc. shall be paid by the respondent and all outgoing in respect of the property shall be borne by the respondent alone. The appellant shall not be liable to pay any amount in this regard.

(g) The Respondent undertakes to unconditionally withdraw R.F.A. (Cross Objection) (FR) No. 18/2020 and it is entitled to seek for refund of the court fee paid therein. The respondent reiterates that it will not claim any

damages, rent or any other relief against the appellant in future in respect of the schedule property.

(h) The parties undertake to withdraw all cases, complaints, etc. filed against each other which are pending consideration before various courts, authorities, police, etc. within a period of thirty days from today. The appellant and the respondent withdraw all mutual allegations made against each other. The parties shall co-operate and comply with the conditions stipulated in this petition.

(i) The parties have entered into this compromise petition voluntarily out of their free will and without any force, coercion or influence of any person. The board of the respondent company has also approved this compromise petition.

(k) The appellant is entitled to seek for refund of the court fee paid in this appeal and the registry may be directed to transfer the court fee to the account of the appellant. The details are as follows:

Name- AMBAARI GRANITES Account No- 10054003617 Bank- IDFC FIRST BANK LIMITED Branch- MYSURU BRANCH Branch IFSC- IDFB0080571 MICR- 570751002

A copy of the passbook, voucher, photographs along with Aadhaar card are attached to this compromise petition

as per the new SOP issued by this Hon'ble Court."

3. On account of extant Standard Operating

Procedure prohibiting parties to appear in person,

appellant-GPA holder and Director of respondent-plaintiff

have appeared through Video Conference. They submit

unequivocally that they have entered into compromise as

per terms set out in the compromise petition without any

force, threat or coercion and after having understood the

contents of compromise petition, they have affixed their

signatures voluntarily. They have identified their

signatures affixed to the compromise petition.

4. Respective learned Advocates appearing for

parties have also affixed their signatures to the

compromise petition in token of having identified the

parties present before Court. In fact, photographs have

been affixed to the compromise petition and having

interacted with parties present, we are satisfied that

compromise is lawful and there is no impediment for

accepting the same. Hence, compromise petition stands

accepted.

For the reasons aforestated, we proceed to pass the

following:

ORDER

(i) Appeal stands disposed of in terms of

compromise petition and judgment

dated 12.02.2020 passed by III

Additional Senior Civil Judge & CJM,

Mysuru in O.S.No.225/2018 stands

substituted to the terms set out in the

compromise petition.

(ii) Cross-objection stands dismissed as

withdrawn;

(iii) Court fee paid on the appeal

memorandum is ordered to be paid to

M/s.Ambaari Granites of which

appellant is proprietrix.

(iv) Registry shall transfer the said amount

through RTGS/NEFT to the account of

M/s.Ambaari Granites bearing

No.10054003617, IDFC First Bank

Limited, Mysuru Branch, IFSC Code -

           IDFB0080571               and           MICR

           No.570751002.

(v) In view of cross-objection having been

dismissed as withdrawn, registry shall

transfer the Court fee paid on cross-

           objection   in   favour    of     M/s.Rajaas

           Technologies     Pvt.      Ltd.     through

           RTGS/NEFT          bearing          account