Karnataka High Court

M/S. Johnson Lifts Private ... vs M/S. Jay Parshva Padmodaya Ahimsa ... on 30 August, 2023

Bench: P.S.Dinesh Kumar, T G Gowda

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                                                         NC: 2023:KHC:31178-DB
                                                             RFA No. 357 of 2023




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF AUGUST, 2023

                                            PRESENT

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

                                               AND

                     THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                      REGULAR FIRST APPEAL NO. 357 OF 2023 (MON)

                   BETWEEN:

                   M/S. JOHNSON LIFTS PRIVATE LIMITED
                   HEAD OFFICE IS AT
                   NO. 1, EAST MAIN ROAD
Digitally signed   ANNA NAGAR WETERN EXTENSION
by ANUSHA V        CHENNAI-600 101.
Location: HIGH     REPRESENTED BY ITS
COURT OF           GENERAL MANAGER
KARNATAKA

                   BRANCH OFFICE IS AT:
                   NO. 40, 5TH MAIN ROAD
                   K.S.S.I.D.C INDUSTIAL ESTATE
                   6TH BLOCK, RAJAJI NAGAR
                   BANGALORE-560 010.
                   REPRESENTED BY ITS MANAGER
                   SRI. SACHINJAYWANTH MORE                        ...APPELLANT

                   (BY SHRI. VENKATESH S. ARBATTI, ADVOCATE A/W
                       SHRI. S.ANJUGAM, ADVOCATE)

                   AND:

                   M/s. JAY PARSHVA PADMODAYA
                   AHIMSA RESEARCH FOUNDATION
                   BENGALURU (REGD.)
                   NO. 67, 1ST FLOOR, KILLARI ROAD
                   BENGALURU-560 053.
                   REPRESENTED BY ITS
                   GENERAL SECRETARY
                   MR. MAHAVEER CHAND CHORADIA                    ...RESPONDENT

                   (BY SHRI. A.S. ANIL KUMAR, ADVOCATE FOR
                       SHRI. C. PARAMESWARAPPA, ADVOCATE)
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                                               NC: 2023:KHC:31178-DB
                                                   RFA No. 357 of 2023




      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 31.10.2022 PASSED IN OS
No.8425/2017 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL
JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR RECOVERY
OF MONEY.

      THIS RFA, COMING ON FOR ADMISSION, THIS DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                              JUDGMENT

This appeal under Section 96 of Code of

Civil Procedure by the defendant is directed

against judgment and decree dated October 31, 2022,

in O.S.No.8425/2017 passed by XX Additional City Civil

Judge, Bengaluru.

2. Respondent herein filed the instant suit seeking

recovery of money. Suit has been decreed directing the

defendant to pay Rs.17,33,750/- with interest at the

rate of 18% p.a.

3. Heard Shri Venkatesh S.Arabatti, learned

advocate for the appellant and Shri A.S.Anil Kumar,

learned advocate for the respondent.

4. Shri Sachin Jaywant More, General Manager of

appellant-company and Shri Mahaveer Chand Chovadia,

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General Secretary of respondent-foundation are present

and they are identified by their respective advocates.

5. Learned advocates on both sides jointly submit

that during the pendency of this appeal, parties have

amicably resolved the dispute. A compromise petition

under Order XXIII Rule 3 of CPC duly signed by the

appellant, respondent and their respective advocates

has been filed. Parties agree that they have understood

the terms of the compromise. Appellant has paid

Rs.26 Lakhs by way of Demand Draft dated 25.08.2023

bearing No.796826 drawn on State Bank of India,

Chennai towards full and final settlement to the

respondent and respondent acknowledges receipt

of the same. They pray that this appeal may be

disposed of in terms of settlement recorded in the

compromise petition.

6. The terms of compromise read as follows:

"MEMORANDUM OF JOINT COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

The Parties (Appellant and the Respondent) in the above case submit as under

NC: 2023:KHC:31178-DB RFA No. 357 of 2023

1. The Respondent has approached the Appellant for installation of two lifts having capacity of 16 persons of three stops and 8 persons of five stops. Thereafter, the Respondent has cancelled the entire order and requested the Appellant to refund the advance amount of Rs. 9,50,000 (Rupees Nine Lakhs Fifty Thousand) along with 18% (Eighteen Percent Per Annum).

2. The Parties had developed irreconcilable differences and in view of the same, the Respondent had filed Original Suit in O.S No. 8425/2017 before the City Civil and Sessions Judge (CCH-32) at Bangalore. The learned Trial Court has passed a Judgment/Order dated 30.10.2022 by decreeing the suit filed by the Respondent and thereby directed the Appellant to pay a sum of Rs.17,33,750 (Rupees Seventeen Lakhs Thirty Three Thousand Seven Hundred and Fifty Only) with interest at 18% per annum from the date of the suit till realisation of entire amount. In pursuance to the aforesaid Judgement/Order the Respondent has filed Execution Petition in Ex. P. No.753/2023 pending before the Hon'ble City Civil and Sessions Judge (CCH-32) at Bangalore.

3. The above petition is arising out of and being aggrieved by the Judgment/Order passed by the Hon'ble City Civil and Sessions Judge (CCH-32) at Bangalore in O.S. No.8425 filed against the Appellant. This Hon'ble Court has suggested the Parties to explore the Possibilities of settlements and to report the same on the next date of hearing.

4. The Parties have now decided to settle their disputes in terms hereunder:

NC: 2023:KHC:31178-DB RFA No. 357 of 2023

5. The Appellant/ M/s. Johnson Lifts Private Limited has agreed to pay an amount of Rs.26,00,000 (Rupees Twenty Six Lakhs Only) to the Respondent as full and final settlement towards the operation and execution of the decretal amount in the above matter. The Respondent/ M/s. Jay Parshva Padmodaya Ahimsa Research Foundation have agreed to receive the said amount as full and final settlement of towards the Execution of the decretal amount in the matter. The amount of Rs.26,00,000 (Rupees Twenty Six Lakhs Only) is paid vide Demand Draft No. 796826 dated 25.08.2023 drawn on State Bank of India, Annanagar West Extension, Chennai.

6. The Respondent / M/s. Jay Parshva Padmodaya Ahimsa Research Foundation affirms that in view of the settlement between the parties, all the allegations made in the above case, against the Appellant / M/s. Johnson Lifts Private Limited are hereby withdrawn.

7. OBLIGATIONS OF THE RESPONDENT:

i. The Respondent / M/s. Jay Parshva Padmodaya Ahimsa Research Foundation hereby agrees for withdrawal of operation and execution the entire proceedings in Ex.P. No 753/2023 filed by the Respondent against the Appellant under Order XXI Rule 11 of Code of Civil Procedure, 1908 before the Court of the Hon'ble XX Additional City Civil and Sessions Judge at Bengaluru.

8. MUTUAL OBLIGATIONS:

a. Apart from the above, the Respondent / M/s. Jay Parshva Padmodaya Ahimsa Research Foundation,

NC: 2023:KHC:31178-DB RFA No. 357 of 2023

does not have any claim for decretal amount/interest or any other similar claims against the Appellant and agrees that in future also the Respondent shall have no claims of any nature against the Appellant;

b. Similarly, the Appellant has no claims of any nature against the Respondent and agrees that in future, the Appellant shall have no claims of any nature against the Respondent if any; and

c. Both the Appellant and the Respondent submit that all issues and affairs relating to their respective claims, have been satisfactorily settled and no claim of any nature past, present or future would survive against each other.

9. In view of the above settlement between the parties, the court fees of Rs.1,55,194 (Rupees One Lakh Fifty Five Thousand one Hundred and Ninety Four) paid by the Appellant in the above appeal may be refunded to the Appellant. The Registry of this Hon'ble Court may be directed to refund full court fees paid in the above appeal by the Appellant.

10. The Appellant and the Respondent have presented this Joint Memo and Joint Petition out of their own free will and consent and it is not obtained by force, fraud or undue influence from any person/s. Further there is no collusion in filing this Petition. There are no other impediments for allowing the above Petition."

7. In our opinion, compromise arrived at between

the parties is lawful and hence accepted. Judgment

and decree dated October 31, 2022, in

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O.S.No.8425/2017 passed by XX Additional City Civil

Judge, Bengaluru. shall stand modified in terms of

compromise arrived at between the parties and this

appeal is accordingly disposed of.

8. Parties shall bear their own costs. Decree be

drawn accordingly.

9. Registry shall refund the court fee to the appellant

in accordance with law.