Karnataka High Court
M/S Indus Towers Ltd vs Sri Vinod Kumar K on 6 January, 2023
Bench: H T Prasad
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RFA No. 1831 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 1831 OF 2022 (MON)
BETWEEN:
1. M/S INDUS TOWERS LTD.,
COMPANY REGISTERED UNDER THE
INDIAN COMPANIES ACT 1956
REP BY AUTHORIZED SIGNATORY
CIRCLE HEAD SRI RAVIN NO 12
TOWER - D 7TH FLOOR
SUBRAMANYA ARCADE
BANNERGHATTA ROAD, BENGALURU - 560029
REP BY THROUGH ITS AUTHORIZED
SIGNATORY AZEEZ K A
2. M/S INDUS TOWERS LTD
COMPANY REGISTERED UNDER THE
INDIAN COMPANIES ACT 1956
Digitally signed
by REP BY COMPANY SECRETARY
DHANALAKSHMI AUTHORIZED SIGNATORY
MURTHY BHARTI CRESCENT
Location: High HAVING ITS REGISTERED OFFICE AT
Court of
Karnataka NO 01 NELSON MANDELA ROAD
VASANTH KUNJ PHASE II
NEW DELHI - 110070
REP BY THROUGH ITS AUTHORIZED
SIGNATORY AZEEZ K A
3. M/S BHARTI INFRATEL VENTURES LTD
COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT 1956
REP BY COMPANY SECRETARY
AUTHORIZED SIGNATORY
HAVING ITS REGISTERED OFFICE
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RFA No. 1831 of 2022
R.5/12 GUTAB AMBIENCE
MEHRAULI ROAD, NEW DELHI - 110030
REP BY THROUGH ITS AUTHORIZED
SIGNATORY AZEEZ K A
4. M/S BHARTI INFRATEL VENTURES LTD
COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT 1956
REP BY AUTHORIZED SIGNATORY
MR M S SHRINATH
HAVING ITS REGISTERED OFFICE
AT NO 55 DIVYA SREE TOWERS
BANNERGHATTA ROAD
BENGALURU - 29
REP BY THROUGH ITS AUTHORIZED
SIGNATORY AZEEZ K A
...APPELLANTS
(BY SRI. ROHITH B J., ADVOCATE)
AND:
SRI VINOD KUMAR K
S/O A D KUMARASWAMY
AGED ABOUT 62 YEARS
R/AT NO 106 WHEELERS ROAD COX TOWN
BENGALURU - 560005
...RESPONDENT
(BY SRI.H.J.KARIGAR., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 06.06.2022 PASSED IN OS No.5357/2018 ON THE
FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU , PARTLY DECREEING THE SUIT FOR
RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RFA No. 1831 of 2022
JUDGMENT
This appeal is filed under Section 96 of CPC
challenging the judgment and decree dated 6.6.2022
passed by the XLII Additional City Civil and Sessions
Judge, Bengaluru in O.S.No.5357/2018, whereby the suit
has been partly decreed with costs.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff filed the suit i.e.,
O.S.No.5357/2018 against the defendants for recovery of
arrears of rent and damages. The learned Judge of the
Trial Court vide judgment and decree dated 6.6.2022 has
partly decreed the suit and directed the defendants to pay
a sum of Rs.6,79,015/- along with future interest at the
rate of 24% p.a. on the principal amount of Rs.5,21,175/-
from the date of suit till realization. Being aggrieved by
the same, the defendants have filed this appeal.
RFA No. 1831 of 2022
3. During the pendency of this appeal, both the
parties have compromised the matter. The learned counsel
appearing for the parties have filed a compromise petition
under Order 23 Rule 3 read with Section 151 of the CPC
entered into between the parties. The contents of the
compromise petition is extracted hereinbelow:
APPLICATION FILED UNDER ORDER XXIII RULE 3
READ WITH SECTION 151 OF
CODE OF CIVIL PROCEFURE 1908,
The parties to the above appeal respectfully
submits as follows:
1) The plaintiff/respondent herein has filed the
suit in O.S. No.5357/2018 before the trail court
seeking arrears of rent and damages. The said
Suit was partly decreed in favour of the plaintiff
and directed the appellant/defendant herein to pay
an amount of Rs.6,79,015/- along with future
interest at the rate of 24% per annum on the
principal amount of Rs.5,21,175/- from the date of
suit till realization. Against the said judgment the
appellant has filed this appeal challenging the
award of interest at the rate of 24% per annum on
the principal amount of Rs.5,21,175/- and
RFA No. 1831 of 2022
allowing rent from 1/1/2018 to till the date of
filing suit at the rat of Rs.14,146/- monthly which
comes to Rs.84,876/- and allowing the interest at
the rate of 24% on the amount of Rs.84,876/- at
Rs.72,964/-.
2) Upon notice from this Hon'ble court the
respondent appeared and after due deliberation
between the parties it is mutually agreed by both
the parties to settle the dispute in the following
manner:
a) Both the parties mutually agree that the
Appellant/defendant is liable to pay principal
amount of Rs.6,79,015/- as decreed by the court.
b) Both the parties have mutually agreed to pay
and receive interest on the principal amount of
Rs.5,21,175/- at the rate of 12% p.a. as against
the awarded interest at the rate of 24% p.a.
c) In view of the above agreement on rate of
interest the appellant is paying an amount of
Rs.10,14,000/-(Rupees Ten Lakhs and Fourteen
thousand only) as full and final decree amount
which is calculated at the rate of 12% p.a. on the
principal amount by way of Demand Draft Dated
RFA No. 1831 of 2022
30.12.2022 bearing No.703275 drawn on HDFC
Bank Limited in the name of Respondent K. VINOD
KUMAR.
d) In view of the receipt of the above Demand
draft the Respondent hereby agree to settle the
dispute and make endeavor to withdraw the
pending execution petition bearing No.EX Pet
2252/2022 before the Hon'ble XLII Addl. City Civil
& Sessions Judge (CCH 43), Bengaluru, as settled.
e) Further both the parties shall not file any
claim before any other forum with respect to the
issue involved in the above case as the same is
settled in terms of this compromise.
WHEREFORE, the parties to the above proceedings
respectfully pray that this Hon'ble Court may be
pleased to pass a judgment and decree in terms of
compromise, in the interest of justice and equity."
4. The parties are present before the Court and
they have been identified by their respective counsel. The
identity cards of the respective parties have been verified.
The contents of the compromise petition have been read
RFA No. 1831 of 2022
over to the parties in the language known to them. They
have accepted the same. There is no legal or factual
inhibition to accept the compromise, as the same is out of
their volition.
The appellant has handed over the Demand Draft
dated 30.12.2022 bearing No.703275 drawn on HDFC
Bank Limited to the respondent, amounting to
Rs.10,14,000/- towards full and final settlement of their
claim. The respondent has acknowledged the receipt of the
same.
5. Accordingly, the appeal is disposed of in terms
of the compromise petition. The compromise petition filed
under Order 23 Rule 3 of CPC is ordered to be treated as
part and parcel of this order.
The Registry is directed to draw final decree in terms
of the compromise petition.
Since the matter is compromised between the
parties, in view of provisions of Section 66 of Karnataka
RFA No. 1831 of 2022
Court Fees and Suits Valuation Act, office is directed to
refund 75% of the court fee in favour of appellants after
due verification.
Sd/-
JUDGE
DM
