Citation : 2021 Latest Caselaw 5037 Kant
Judgement Date : 29 November, 2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR.JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
COMAP NO.190/2021
BETWEEN:
RAJPROTIM SUPPLY CHAIN
SOLUTIONS LIMITED, (A COMPANY
REGISTERED UNDER THE COMPANIES ACT,
2013) HAVING ITS OFFICE AT NO.48,
SATISH MUKHERJEE ROAD, KOLKATA
WEST BENGAL - 700 026. REPRESENTED
BY ITS AUTHORIZED REPRESENTATIVE.
PH: 7603042713
Email: [email protected]
...APPELLANT
(BY SRI. ROHITH R. KAMATH, ADV.)
AND:
STOVEKRAFT LIMITED
(A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956) HAVING ITS
PLACE OF BUSINESS AT: NO.28/1,
ADJACENT TO AGS LAYOUT ROAD,
AREHALLI, UTTARAHALLI HOBLI,
BENGALURU, KARNATAKA - 560 061.
REG. OFFICE AT: NO.81/1 HAROHALLI
INDUSTRIAL AREA, KANAKAPURA TALUK,
2
RAMANAGARA, KARNATAKA - 562 112
... RESPONDENT
(BY SRI. SAGAR .G. NAHAR, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 13(1A) OF THE
COMMERCIAL COURTS ACT, 2015 R/W SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO
A) CALL FOR RECORDS IN COM.A.A.NO.29/2021 ON THE FILE
OF LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-90) PERUSE THE SAME AND ALLOW THIS
APPEAL AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
ALOK ARADHE. J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal has been filed under Section 13(1A) of
the Commercial Courts Act, 2015 r/w Section 37 of the
Arbitration and Conciliation Act, 1996 praying to set aside
the order dated 30.09.2021 marked as Annexure - A
passed by the Hon'ble LXXXIX Addl. City Civil and Sessions
Judge, Bengaluru (CCH-90).
2. When the matter is taken up today, learned
counsel for the parties have jointly invited the attention of
the Court to the Memorandum of Compromise/Settlement
arrived at between the parties. In this regard,
Compromise/Settlement under Order 23 Rule 3 of Civil
Procedure Code, 1908 has been filed. It is further stated
that the matter has been amicably settled between the
parties subject to terms and conditions mentioned therein.
3. The aforesaid submission made by the learned
counsel for the parties as well as memo filed by the parties
is taken on record.
Accordingly, the appeal is disposed of in terms of the
compromise entered into between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
BS
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