M/S Premier Starch Products (P) ... vs M/S Asia Pacific Logistic
2022 Latest Caselaw 10059 Kant

                          1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 30TH DAY OF JUNE, 2022

                      PRESENT

  THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                        AND
    THE HON'BLE MR. JUSTICE C.M. POONACHA

               COMAP NO.116 OF 2022


BETWEEN :
M/S PREMIER STARCH PRODUCTS
(P) Ltd., OFFICE NO. 45
KSSIDC INDUSTRIAL ESTATE
KUMBALAGODU
BENGALURU - 560 074
REPRESENTED BY ITS
DIRECTOR & CEO
MR. RANJEET R. BANGERA
                                      ...APPELLANT

(BY SHRI. SHIVAKUMAR U, ADVOCATE)


AND :

M/S ASIA PACIFIC LOGISTIC
CUSTOMS CLEARING & FORWARDING AGENT
NO.344, 15TH MAIN, 11TH CROSS
'F' BLOCK, SAHAKARANAGAR
BENGALURU - 560 064
PRESENT ADDRESS AT NO.2, 1ST CROSS
THIRUMALA NAGAR, ATTUR LAYOUT
2ND STAGE, YELAHANKA
BENGALURU - 560 064
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REPRESENTED BY ITS PROPRIETOR
SRI. SREEDHAR R                            ...RESPONDENT

(BY SHRI. PRABHUGOWD B. TUMBIGI, ADVOCATE)

      THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 27/10/2021,
PASSED BY THE LEARNED LXXXVIII ADDITIONAL CITY CIVIL
AND     SESSIONS    JUDGE     (EXCLUSIVELY   DEDICATED
COMMERCIAL     COURT),   BENGALURU     (CCH    89),  IN
COM.O.S.NO.1922/2019, DECREEING THE SUIT DIRECTING THE
APPELLANT TO PAY THE SUM OF RS.3,72,948-00 ALONG WITH
INTEREST AMOUNT OF RS.1,56,638-00 AMOUNTING TO
RS.5,29.386-00 AND FUTURE INTEREST AT THE RATE OF 18%
P.A. FROM THE DATE OF SUIT TILL THE DATE OF REALIZATION
AND ETC.

     THIS COMMERCIAL APPEAL COMING ON FOR HEARING
THIS DAY,   P.S. DINESH KUMAR J, DELIVERED THE
FOLLOWING:-

                       JUDGMENT

Shri U.Shivakumar, learned advocate for the

appellant and Shri Tumbigi Prabhu Gouda

Basavantarayagouda, learned advocate for the respondent

jointly submit that the matter is settled in mediation and in

terms of which, respondent is entitled for a total sum of

Rs.5,50,000/; a sum of Rs.3,70,000/- has been deposited

in this Court pursuant to order dated 31.03.2022; and

respondent may be permitted to withdraw the same.

2. Shri Shivakumar has filed a memo and handed

over a Demand Draft No.581830 dated 27.06.2022 for

Rs.1,80,000/- to Shri Tumbigi and the same is

acknowledged by him. Memo be kept in record.

3. Respondent is permitted to withdraw

Rs.3,70,000/- deposited by the appellant before this Court.

4. The court fee of Rs.53,631/- shall be refunded to

the appellant in accordance with law.

5. This Commercial Appeal is accordingly

disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

YN