Karnataka High Court
M/S Waterline Hotels Pvt Ltd vs Mrs Anna Chandy on 2 April, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
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COMAP No. 422 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
COMMERCIAL APPEAL NO. 422 OF 2022
BETWEEN:
1. M/S WATERLINE HOTELS PVT LTD
A PRIVATE COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
A-303,MIRAYA ROSE
66/1, SIDDAPURA VILLAGE
VARTHUR HOBLI,
BENGALURU-560 066
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SUDHIR KUMAR MISHRA
Digitally signed by
HARIKRISHNA V
Location: HIGH 2. MR. GAUTAM U. NAMBISAN
COURT OF S/O MR. UNNIKRISHNANAN
KARNATAKA
AGED ABOUT 44 YEARS,
DIRECTOR,
M/S WATERLINES HOTELS PVT LTD.,
A-303, MIRAYA ROAD,
66/1, SIDDAPURA VILLAGE,
VARTHUR HOBLI,
BENGALURU-560 006.
...APPELLANTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
-2-
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COMAP No. 422 of 2022
AND:
MRS. ANNA CHANDY
W/O MR. D.K. CHANDY
AGED ABOUT 57 YEARS
RESIDING AT B-1801,
MIRAYA ROSE BY UKN
66/1, SIDDAPUR VILLAGE,
VARTHUR HOBLI,
BENGALURU-560 066.
...RESPONDENT
(BY SRI. SANJAY NAIR, ADVOCATE)
THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER
SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION
ACT, 1996 R/W SECTION 13(1-A) OF COMMERCIAL COURTS
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
20/09/2022 PASSED BY LXXXVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE (COMMERCIAL COURT) CCH-89 ON IA NO.1
FILED BY RESPONDENT IN COM.AA NO. 240/2022.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR,J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the order dated
20.09.2022 passed by the Commercial Court, Bengaluru in
Com.A.A.No.240/2022, wherein the order sheet indicates as
under:
"Both the learned counsels are present.
Heard the arguments on I.A.No.1 on the
applicant side. Respondent counsel
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seeks long date to address the
arguments on the aforesaid I.A. i.e.,
after vacation for which the applicant
counsel objected on the ground by that
time if the apartments are disposed off
by the respondent, the purpose of
application will be defeated and prays
for maintain status quo over the
schedule 'C' property. Perused the case
papers application with affidavits and
the documents on record satisfied to
grant status quo over the 'B' schedule
apartment units described and
constructed on the schedule 'A' property
till next date of hearing it will meet the
ends of justice. Hence, I proceed to
pass the following:
ORDER
The respondents are hereby directed to
maintain status quo over the schedule B
apartment units described and
constructed on the schedule 'A' property
till next date of hearing as sought in
I.A.No.1. Reply to I.A.No.3 on the
respondent side."
2. Whereas, learned counsel Sri Shivaprasad
Shantanagoudar for the appellants so also learned counsel Sri
Sanjay Nair for the respondent, who are present before the
Court physically, press into service for consideration of
I.A.No.1/2024 filed under Section 151 of CPC seeking to record
the settlement arrived in between the appellants and
respondent, detailed in the respondent's memo filed on
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19.03.2024 and directing the Registrar General of this Court to
refund the sum of Rs.1,75,00,000/- deposited by the appellant
No.1 as per order dated 03.11.2022 together with accrued
interest to the appellant No.1.
3. This application is appended with an affidavit of one
Sri Dilip K Chandy S/o. Late R.J. Chandy, wherein in paragraph
No.3 it is stated that 'the respondent has got Apartment No.A
1502, 14th Floor, 'A' Block, Miraye Rose, Siddapura Village,
Varthur Hobli, Bengaluru thoroughly inspected and being fully
satisfied in all respects including the quality of construction,
fittings, finishes etc., of the fully completed apartment has,
purchased a Managers Cheque No.188790, dated 07.03.2024
for Rs.2,77,29,016/- favouring appellant No.1, issued by HDFC
Bank, Kasturba Gandhi Marg Bench, Bengaluru. Further in
paragraph No.4, it is stated that 'the appellant No.1 has agreed
to hand over the keys to the said Apartment No.A 1502, Miraye
Rose, 14th Floor, 'A' Block, Miraye Rose, Siddapura Village,
Varthur Hobli, Bengaluru to the husband of the respondent/ the
advocate for respondent against the appellant No.1
simultaneously, being handed over the said Managers Cheque
No.188790, dated 07.03.2024 for Rs.2,77,29,016/- in open
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Court by the husband of the respondent/ Advocate for the
respondent and upon the respondent obtaining an order from
this Hon'ble Court for refund, to the appellant No.1, the sum of
Rs.1,75,00,000/- together with interest accrued thereon.
Consequently, I.A.No.1/2024 is hereby allowed.
4. Since the issues emerged in between the appellants
and the respondent is settled, the Registrar General, High Court
of Karnataka, Bengaluru is directed to refund the sum of
Rs.1,75,00,000/- together with accrued interest thereon to the
appellant No.1 on due identification.
5. Further, appellant No.1 has handed over the keys of
the apartment to the husband of the respondent in the open
Court and in the presence of both the learned counsel for the
parties.
6. The Cheque No.188790 dated 07.03.2024 of
Rs.2,77,29,016/- has been handed over by the husband of the
respondent to appellant No.1 in the open Court and in the
presence of both the learned counsel for the parties.
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7. In terms of the aforesaid application filed by the
learned counsel for the parties, this appeal is hereby disposed
of.
Sd/-
JUDGE
Sd/-
JUDGE
HKV
