Karnataka High Court
M/S.Pratap Electronics vs M/S.Commission And General Agency on 15 December, 2023
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RFA No. 306 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
REGULAR FIRST APPEAL NO. 306 OF 2010 (MON)
BETWEEN:
1. M/S.PRATAP ELECTRONICS
A REGISTERED PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.32/2, 5TH MAIN ROAD
CHAMARAJAPET, BANGALORE 560018
BY ITS PARTNER SRI N.PRATAP KUMAR
2. SRI N.PRATAP KUMAR
AGED ABOUT 54 YEARS
S/O SRI D.NANJAPPA
NO.32/2, 5TH MAIN ROAD, CHAMARAJAPET,
BANGALORE- 560 018
...APPELLANTS
(BY SRI.BHEEMAPPA P.BANDIVADDAR, ADVOCATE FOR
SRI.B.N.JAYADEVAPPA, ADVOCATE)
Digitally AND:
signed by
SUMITHRA R
M/S.COMMISSION AND GENERAL AGENCY
Location:
HIGH COURT A PARTNERSHIP FIRM REGISTERED
OF UNDER THE INDIAN PARTNERSHIP ACT,
KARNATAKA CARRYING ON ITS BUSINESS AT NO.43,
J.C.ROAD, BANGALORE 2,
BY ITS PARTNER SRI M.K.GOPALASWAMY
...RESPONDENT
(BY SRI. B.SHARATH KUMAR, ADVOCATE)
THIS RFA FILED U/O 41, R-1 R/W S-96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED:06.10.2009 PASSED IN
OS.5333/1992 ON THE FILE OF THE XXXI-ADDL. CITY CIVIL
JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR
RECOVERY OF MONEY.
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RFA No. 306 of 2010
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri Bheemappa P Bandivaddar, Advocate representing
Sri B N Jayadevappa, learned counsel for the appellant and
Sri B Sharat Kumar, learned counsel for the respondent
are present.
2. The suit of plaintiff/respondent came to be decreed
directing the defendants/appellants to pay an amount of
Rs.2,66,764/- to the plaintiff together with interest at 20%
p.a. till the date of filing the suit and at the rate of 6%
p.a. from the date of suit till the entire realization of
amount.
3. Appellants/defendant Nos.1 and 2 with counsel
and respondent/plaintiff with counsel referred above are
present.
4. Compromise petition under Order XXIII Rule 3 of
CPC is filed. It is now reported that the matter is settled
between appellants/defendants 1 and 2 and
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plaintiff/respondent for a sum of Rs.3,25,000/-.
Defendant Nos.3 and 4 were placed exparte in the Trial
Court and they are not parties to the present appeal.
Appellants have already deposited a sum of Rs.1,33,400/-
on 13.01.2015 through demand draft No.185592 dated
12.1.2015 issued by Canara Bank, Koramangala Layout
Branch, Bengaluru and demand draft for Rs.1,91,600/-
issued by Canara Bank, Koramangala layout Branch,
Bengaluru dated 13.12.2023 is delivered today to
respondent/plaintiff M.K.Gopalaswamy representing M/s.
Commission and General Agency. Thus,
respondent/plaintiff admits acknowledgement of a total
sum of Rs.3,25,000/-.
5. On enquiry, the Court is satisfied that the parties
have arrived at a settlement for the amount stated in the
compromise petition on their own wish and will. Hence,
proceed to pass the following :
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ORDER
The joint compromise petition filed under Order XXIII
Rule 3 of CPC with signature of parties and counsel is
accepted.
The appeal is ordered to be disposed of in terms of
the compromise petition.
The respondent/plaintiff is permitted to withdraw the
amount in deposit before this Court of Rs.1,33,400/- and
office is directed to pay the same with due identification
and proper acknowledgement.
Court fee paid by appellants/defendants No.1 and 2 is
ordered to be refunded in accordance with law.
Draw decree in terms of Compromise Petition.
SD/-
JUDGE
rs
