Karnataka High Court
The Executive Engineer vs Stes Consultants India Pvt on 25 March, 2022
Bench: S.Sunil Dutt Yadav, K.S.Hemalekha
-1-
COMAP No. 100012 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
COMMERCIAL APPEAL NO. 100012 OF 2021
BETWEEN:
THE EXECUTIVE ENGINEER
(RDPRD), PROJECT DIVISION, PWD COMPOUND,
BAGALKOT-587101
...APPELLANT
(BY SRI. BHUSHAN B KULAKARNI, ADVOCATE)
AND:
1. STES CONSULTANTS INDIA PVT
LTD., REPRESENTED BY ITS
MANAGING DIRECTOR
SHRI. GOPAL ANAND KADKOL
AGE. 55 YEARS, CONSULTING ENGINEER,
R/O. CHETANA COLONY, TQ. HUBBALLI
DIST. DHARWAD
2. THE STATE OF KARNATAKA
Digitally REP. BY DEPUTY COMMISSIONER,
signed by BAGALKOT
JAGADISH T
R
Location:
3. THE CHIEF OPERATING OFFICER
High Court of KARNATAKA RURAL ROAD,
Karnataka, DEVELOMENT AGENCY,
Dharwad
II FLOOR, NIRMAN BHAVAN
RAJAJINAGAR, 1ST BLOCK,
-2-
COMAP No. 100012 of 2021
DR. RAJKUMAR ROAD,
BENGALURU-560010
4. SUPERINTENDENT ENGINEER
KRRDA CIRCLE,OFFICE,
KILLA, BELAGAVI.
...RESPONDENTS
(BY SRI. V SHIVARAJ HIREMATH, ADV. FOR R1)
(SRI. G.K. HIREGOUDAR, GOVT. ADV. FOR R2)
THIS COMMERCIAL APPEAL IS FILED U/S.13(1) OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO, CALL FOR THE
RECORDS AND SET-ASIDE THE JUDGMENT ORDER/DECREE
DATED 19.9.2019 PASSED IN Com O.S.NO.159/2019 (OLD
NO.152/2018) BY LEARNED IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE (COMMERCIAL COURT) BALLARI, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, K.S.
HEMALEKHA J., PASSED THE FOLLOWING:
ORDER
This Court vide order dated 8.12.2021 had referred this
matter for mediation. Mediation report has been received by
this Court along with a memorandum of agreement filed under
Section 89 of the Code of Civil Procedure read with Rules 24
and 25 of the Karnataka Civil Procedure (Mediation Rules),
2007.
2. Both parties are present before the Court along with
their respective counsel. As per mediation report, parties have
COMAP No. 100012 of 2021
settled their dispute. The contents of Memorandum of
Agreement reads as under:
1. The Appellant and 1st Respondent have agreed and
settle their dispute for a Sum of Rs.7,33,604.78/-
(Rupees Seven Lakh Thirty Three Thousand Six Hundred
Four and Seventy Eight Paise Only) as against the order
Judgment and Decree passed in commercial OS No.
159/2019 as full and final settlement.
2. The 1st Respondent has to submit the tax invoice bills
along with GST Number on or before 15/03/2022 at the
office of appellant and appellant has to process and
forward the same to be 3rd Respondent office
3. The 3rd Respondent has agreed to clear the bills
submitted by 1st Respondent and issue Cheque for the
amount of Rs.7,33,604.78/- (Rupees Seven Lakh Thirty
Three Thousand Six Hundred Four and Seventy Eight
Paise Only) if the said amount is not paid within thirty
days from the date of submission of aforesaid tax bills
along with GST, the appellant is liable to pay the GST
penalty and interest accrued.
The Appellant and 1st Respondent have no other
claims whatsoever against each other in future.
3. As per terms of the memorandum of agreement,
today the appellant has handed over the cheque bearing
COMAP No. 100012 of 2021
No.023991 for a sum of Rs.6,61,742/- in favour of the 1st
respondent, which the amount of Rs.7,33,604.78/-, after
deducting TDS. The said amount is accepted by the 1st
respondent. Memorandum of Agreement is a part and parcel
of the mediation report and the said memorandum of
agreement is placed on record.
4. In terms of the memorandum of agreement, this
Commercial Appeal stands disposed of. The judgment and
decree dated 19.9.2019 passed in Com OS No.159/2019 (Old
No.152/2018) on the file of the learned IV Addl. District and
Sessions Judge (Commercial Court), Ballari is modified. Office
is directed to draw modified decree accordingly.
5. The appellant is entitled for refund of Court fee in
accordance with law. In the light of submission made by the
learned counsel for the appellant, refund of the Court fee to be
issued in the name of respondent No.3-Chief Operating Officer,
KRRDA.
6. We place on record and appreciate the efforts of the
learned counsel for the appellant and respondent for having
settled the matter on suggestion from this Court. In the light
COMAP No. 100012 of 2021
of said settlement, the State is also benefited in view of
deduction of amount to the extent of 20%, refund of Court fee
and also reduction of interest from 18% to 14%.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
