Shreyas Hind Chits India P Limited vs Smt. Amudha Ganesh
2023 Latest Caselaw 10901 Kant

Karnataka High Court

Shreyas Hind Chits India P Limited vs Smt. Amudha Ganesh on 18 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                         -1-
                                                    NC: 2023:KHC:46156
                                                  RFA No. 1262 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                    REGULAR FIRST APPEAL No.1262 OF 2023 (MON)


              BETWEEN:

              1.    SHREYAS HIND CHITS INDIA P LIMITED
                    A PRIVATE COMPANY LIMITED BY
                    SHARES AND INCORPORATED UNDER THE
                    PROVISIONS OF COMPANIES ACT AND HAVING ITS
                    REGISTERED OFFICE AT NO.56/1
                    3RD FLOOR,
                    9TH MAIN (OPPOSITE TO SAMSKRUTHI
                    CONVENTION HALL)
                    5TH BLOCK, JAYANAGAR
                    BENGALURU -560 041
                    BY ITS MANAGING DIRECTOR
                    SRINIVAS MUNIPAPEGOWDA

              2.    SRINIVAS MUNIPAPEGOWDA
Digitally           DIRECTOR
signed by R         SHREYAS HIND CHITS INDIA P LIMITED
MANJUNATHA          A PRIVATE COMPANY LIMITED
Location:
HIGH COURT          BY SHARES AND INCOROPATED UNDER THE
OF                  PROVISIONS OF COMPANIES ACT AND
KARNATAKA           HAVING ITS REGISTERED OFFICE
                    AT NO.56/1, 3RD FLOOR
                    9TH MAIN, (OPPOSITE TO SAMSKRUTHI
                    CONVENTION HALL)
                    5TH BLOCK, JAYANAGAR
                    BENGALURU 560 041
                                                          ...APPELLANTS
              (BY SRI SAGAR B B, ADVOCATE)
                                -2-
                                              NC: 2023:KHC:46156
                                            RFA No. 1262 of 2023




AND:

SMT. AMUDHA GANESH
W/O N GANESH
AGED ABOUT 61 YEARS
R/AT NO.86, 1ST FLOOR
BARGAVI APARTMENTS
10TH CROSS, 1ST MAIN
MALLESHWARAM
BENGALURU -560 003
                                                  ...RESPONDENT
(BY SRI MANIAN K B S, ADVOCATE)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE
AGAINST THE JUDGMENT AND DECREE DATED 18.10.2019
PASSED IN O.S.No.4480/2018 ON THE FILE OF THE X
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
(CCH-26) DECREEING THE SUIT FOR RECOVERY OF MONEY

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                          JUDGMENT

On behalf of appellant-Smt.Pushpalatha B.G., who is one

of the Director of the appellant-Company is present.

Sri Ganesh, General Power of Attorney holder and

husband of Smt.Amudha-respondent is present.

2. A joint compromise petition is filed under Order XXIII

Rule 3 r/w Section 151 of the Code of Civil Procedure signed by

the parties and their respective counsel.

NC: 2023:KHC:46156

3. The contents of the compromise petition is read over to

the parties. Parties submit that the terms of the compromise

petition depict the true terms of settlement. They also

unequivocally submit that there is no force, coercion or undue

influence in reaching out the compromise.

4. Accordingly, there is no impediment for this Court to

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

5. Hence, the following:

ORDER

(i) Appeal stands disposed of in terms of the compromise petition.

(ii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.

(iii) Parties to bear their own costs.

(iv) Appellant is entitled for the refund of permissible Court Fee.

Sd/-

JUDGE kcm