M/S Heidelberg Prominent Fluid vs M/S Lakshmi Works
2024 Latest Caselaw 19735 Kant

Karnataka High Court

M/S Heidelberg Prominent Fluid vs M/S Lakshmi Works on 6 August, 2024

Author: V Srishananda

Bench: V Srishananda

                                      -1-
                                                     NC: 2024:KHC:31883
                                                 RFA No. 1688 of 2019




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF AUGUST, 2024

                                   BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
               REGULAR FIRST APPEAL NO. 1688 OF 2019 (MON)
            BETWEEN:

            M/S. HEIDELBERG PROMINENT FLUID
            CONTROLS PRIVATE LIMITED,
            NO.2/2, M.E.S. ROAD, YESHWANTHPUR,
            BENGALURU - 560 022,
            REPRESENTED BY PLANNING AND
            PURCHASE ENGINEER,
            SRI. RANGANATHA PRASANNA.
                                                           ...APPELLANT
            (BY SRI. VENUGOPAL M.S, ADVOCATE)
            AND:

            M/S. LAKSHMI WORKS,
            NO.43-E, 3RD CROSS, 5TH PHASE,
            1ST STAGE, WEST OF CHORD ROAD,
            BENGALURU - 560 044,
            REPRESENTED BY ITS PROPRIETOR,
Digitally   SRI. SURESH BABU REDDY.
signed by
MALATESH                                                 ...RESPONDENT
KC          (BY SRI. G.K. SHIVA PRAKASH, ADVOCATE)
Location:
HIGH
COURT OF           THIS RFA IS FILED UNDER SEC. 96 OF CPC., 1908
KARNATAKA
            AGAINST THE JUDGMENT AND DECREE DATED 27.04.2019
            PASSED IN OS.NO. 101/2016 ON THE FILE OF THE LXIII
            ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
            DECREEING THE SUIT FOR RECOVERY OF MONEY.

                   THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
            JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                   -2-
                                                  NC: 2024:KHC:31883
                                             RFA No. 1688 of 2019




CORAM:       HON'BLE MR JUSTICE V SRISHANANDA


                        ORAL JUDGMENT

Parties are present. Learned counsel for the

appellant is present. Learned counsel for the respondent

is absent.

2. Compromise petition is filed under Order XXIII

Rule 3 of CPC signed by the parties and their respective

Advocates. On enquiry, parties submit that they have

voluntarily entered into the compromise and there is no

force, undue influence or coercion in reaching out the

terms of settlement.

3. Accordingly, there is no impediment for this Court

to accept the compromise and dispose of the appeal in

terms of the compromise.

4. Hence, the following:

NC: 2024:KHC:31883

ORDER

i. Appeal stands disposed of in terms of the

compromise petition.

ii. Office is directed to pass the modified decree

in terms of the compromise petition

appending the copy of the compromise

petition as part of the decree.

iii. Permissible refund of Court fee is allowed.

Sd/-

(V SRISHANANDA) JUDGE

KAV

CT: BHK