Karnataka High Court
M/S Rest House Developers vs Matangi Iron And Steel Company on 4 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:13844-DB
RFA No. 1177 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1177 OF 2023 (MON)
BETWEEN:
1. M/S REST HOUSE DEVELOPERS,
A PARTNERSHIP FIRM REGISTERED UNDER THE
INDIAN PARTNERSHIP ACT, 1932
(WRONGLY MENTIONED IN THE JUDGMENT AS A
PROPRIETORSHIP),
HAVING ITS REGISTERED OFFICE AT NO.206 AND
207, 2ND FLOOR, SOPHIA'S CHOICE,
ST. MARKS ROAD,
BANGALORE - 560 001,
(PREVIOUSLY HAVING ITS OFFICE AT
NO.11, HAYES ROAD,
Digitally signed BANGALORE - 560 025)
by BHARATHI
S REP. HEREIN BY ITS PARTNER,
Location: HIGH MR. AVINASH PRABHU.
COURT OF
KARNATAKA
2. M/S. SKYLINE DEVELOPERS,
A PARTNERSHIP FIRM REGISTERED UNDER THE
INDIAN PARTNERSHIP ACT, 1932
(WRONGLY MENTIONED IN THE JUDGMENT AS A
PROPRIETORSHIP),
HAVING ITS REGISTERED OFFICE AT NO.206 AND
207, 2ND FLOOR, SOPHIA'S CHOICE,
ST. MARKS ROAD,
BANGALORE - 560 001,
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NC: 2024:KHC:13844-DB
RFA No. 1177 of 2023
(PREVIOUSLY HAVING ITS OFFICE AT
NO.11, HAYES ROAD,
BANGALORE - 560 025)
REP. HEREIN BY ITS PARTNER,
MR. AVINASH PRABHU.
3. ETERNITY DEVELOPERS PVT. LTD.,
A COMPANY REGISTERED AND INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956, HAVING ITS REGISTERED OFFICE AT NO.206
AND 207, 2ND FLOOR, SOPHIA'S CHOICE,
ST. MARKS ROAD,
BANGALORE - 560 001,
(PREVIOUSLY HAVING ITS OFFICE AT NO.11,
HAYES ROAD, BANGALORE - 560 025)
REP. HEREIN BY ITS DIRECTOR,
MR. AVINASH PRABHU.
4. SKYLINE CONSTRUCTION AND HOUSING PVT LTD.,
A COMPANY REGISTERED AND INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956, HAVING ITS REGISTERED OFFICE AT NO.206
AND 207, 2ND FLOOR, SOPHIA'S CHOICE,
ST. MARKS ROAD,
BANGALORE - 560 001,
(PREVIOUSLY HAVING ITS OFFICE AT NO.11,
HAYES ROAD, BANGALORE - 560 025)
REP. HEREIN BY ITS DIRECTOR,
MR. AVINASH PRABHU.
...APPELLANTS
(BY MS. GOWRI R., ADVOCATE FOR
SRI. NARENDRA H.N., ADVOCATE)
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RFA No. 1177 of 2023
AND:
MATANGI IRON AND STEEL COMPANY
A PROPRIETORSHIP CONCERN HAVING ITS OFFICE
AT NO.13, 2ND FLOOR, 17TH MAIN, HAL II STAGE,
INDIRANAGAR, BANGALORE - 560 008,
REPRESENTED HEREIN BY ITS PROPRIETOR
MR. DHIRAJ AGGARWAL.
...RESPONDENT
(BY SRI. GIRIDHAR S.V., ADVOCATE)
**************
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 02.03.2023 PASSED IN
OS No.6517/2017 ON THE FILE OF THE XLIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE
SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
1. Heard Ms. Gowri R, learned counsel for Sri Narendra
H.N., learned counsel for the appellants and Sri Giridhar
S.V., learned counsel for the respondent.
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2. On behalf of the appellants one Sri. Avinash Prabhu.,
Partner of Appellants 1 and 2 and Director of appellants 3
and 4 is present before the Court. Learned counsel for the
appellants identifies the said Sri Avinash Prabhu.
3. On behalf of respondents one Sri Dhiraj A.G. is
present and he is identified by the learned counsel.
4. The present appeal is against the judgment and
decree dated 02.03.2023 passed in O.S.No.6517/2017 on
the file of the XLIII Additional City Civil and Sessions
Judge, Bengaluru. It is submitted that during the
pendency of the appeal, appellants and respondents have
arrived at an amicable settlement and have filed
compromise petition under Order XXIII and Rule 3 of CPC.
In terms of the compromise, the respondent has agreed to
receive Rs.30,00,000/- (Rupees Thirty Lakhs only) in full
and final settlement of his claim made in the suit. The
terms of the compromise at paragraphs 4 and 5 reads as
follows:-
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"4 The Appellants being aggrieved of the
Judgement and Decree passed by the XLIII
Additional City Civil and Sessions Judge,
Bangalore dated 02.03.2023 in 0.S.
No.6517/2017 have instituted the present
Appeal. The Appellants and the Respondent
have agreed to settle their disputes in the
manner as hereinafter contained
The Appellant No.3 for self and for and on behalf
of all the other Appellants has agreed to pay the
Respondent a sum of Rs.30,00,000/- (Rupees
Thirty Lakhs Only) in the following manner,
which the Respondent has agreed to receive in
full and final as settlement to the complete
satisfaction of the Judgement and Decree
passed in O.S.No.6517/2017 by the XLIII
Additional City Civil and Sessions Judge,
Bengaluru dated 02.03.2023 against the
Appellants and in favour of the Respondent.
The payment of the sum of Rs.30,00,000/-
(Rupees Thirty Lakhs Only) is paid by the
Appellants to the Respondent as under.
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1 Demand Draft dated 19.03.2024 bearing
No.153603 drawn on Union Bank, M.G. Road for
the sum of Rs.14,40,901/-(Rupees Fourteen
Lakhs Forty Thousand Nine Hundred and One
Only) favouring the Respondent;
ii. Demand draft dated 19.03.2024 bearing No.
15602 drawn on Union Bank, M.G. Road for the
sum of Rs.3,85,490/- (Rupees Three Lakhs
Eighty Five Thousand Four Hundred and Ninety
Only) favouring the Respondent, and
A sum of Rs.11,73,609/- (Rupees Eleven Lakhs
Seventy Three Thousand Six Hundred and Nine
Only) deposited by the Appellants before this
Hon'ble Court, pursuant to Interim Order dated
08.09.2023, which the Respondent shall be
entitled to seek withdrawal.
5. The parties, respectfully submit that in view
of the receipt by the Respondent of the sum of
(a) Rs. 14,40,901/-(Rupees Fourteen Lakhs
Forty Thousand Nine Hundred and One Only);
(b) Rs.3,85,490/- (Rupees Three Lakhs Eighty
Five Thousand Four Hundred and Ninety Only)
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by way of the Demand Drafts and the right of
the Respondent to seek payment of the sum of
(c) Rs.11,73,609/-(Rupees Eleven Lakhs
Seventy Three Thousand Six Hundred and Nine
Only) deposited before this Hon'ble Court [with
or without interest accrued thereon), the
Respondent confirms that the entire debt due
from the Appellants to the Respondent is
satisfied and accordingly enters full satisfaction
of the Judgement and Decree impugned in the
present Appeal."
5. In terms of the above the respondent has already
received by way of Demand Drafts a sum of
Rs.14,40,901/- bearing No.153603 and also Rs.3,85,490/-
bearing No.15602 both dated 19.03.2024 drawn on Union
Bank, M.G.Road. Further it is stated that a sum of
Rs.11,73,609/- is in deposit before this Court and the
respondents would be entitled to seek withdrawal of the
same and that the appellants have no objection to
withdraw the said amount by the respondent.
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6. Accordingly, the appeal stands disposed of in terms
of the compromise petition. The respondent is permitted
to withdraw the amount in deposit before this Court.
7. Registry is directed to refund the admissible Court
fee in the name of appellant No.4.
Sd/-
JUDGE
Sd/-
JUDGE
NG
