Karnataka High Court
M/S Clavetech Industrial Services vs M/S Ingersoll Rand (India) Ltd on 1 February, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:4322
RFA No. 615 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 615 OF 2021 (MON)
BETWEEN:
M/S CLAVETECH INDUSTRIAL SERVICES
HAVING ITS OFFICE AT NO. 43/1
PRASANNAHALLI ROAD
DEVANAHALLI, BANGALORE 562110.
REP BY ITS PROPRIETOR
MR. SURESH B R.
...APPELLANT
(BY SRI. JAGADEESH M.,ADVOCATE)
AND:
M/S INGERSOLL RAND (INDIA) LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE
COMPANIES ACT 1956,
Digitally signed HAVING ITS REGISTERED
by
HEMALATHA A OFFICE AT 8TH FLOOR
Location: High TOWER D, IBC KNOWLEDGE PARK
Court of NO. 4/1, BANNERGHATTA MAIN ROAD
Karnataka
BANGALORE 560029
REP BY MR NAVEEN SAMANTH
...RESPONDENT
(BY SRI. NANDAKUMAR.,ADVOCATE FOR C/R)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 09.04.2021
PASSED IN O.S.NO.5915/2017 ON THE FILE OF THE XIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE
CITY, PARTLY DECREEING THE SUIT FOR RECOVERY OF
MONEY.
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RFA No. 615 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the defendant challenging the
judgment and decree dated 09.04.2021 passed by the XIX
Additional City Civil and Sessions Judge, Bangalore City,
whereby the suit was decreed and defendant was directed
to pay a sum of Rs.8,25,244/- to the plaintiff together with
interest @ 12% p.a. from the date of the suit till its
realization.
2. This Court, at the request of the parties, by order
dated 06.03.2023, referred the matter to the Bangalore
Mediation Centre, Bangalore. Now, the parties have
settled the matter under the aegis of the Bangalore
Mediation Centre. The memorandum of settlement filed
under Section 89 of CPC read with Rules 24 and 25 of the
Karnataka Civil Procedure (Mediation) Rules, 2005 reads
as follows:
"The Parties above named submits as follows:
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1) The Respondent had filed a suit bearing
O.S.No.5915/2017 against the Appellant
seeking for a judgment and decree for Rs.
16,65,796/- (Rupees Sixteen Lakhs Sixty Five
Thousand Seven Hundred and Ninety-Six Only)
along with the interest at rate of 18% P.A, i.e.,
sum of Rs.8,25,244/- (Rupees Eight Lakhs
Twenty Five Thousand Two Hundred and Forty
Four only) from the date of fling of the suit till
date of payment by Appellant to Respondent
Company and to direct the Appellant to pay a
sum of Rs. 4,85,000/- (Rupees Four Lakhs
Eighty-Five Thousand Only) towards the
damage suffered by the Respondent due to
delay in making payment, towards mental
agony, and loss of business opportunities.
2) The Appellant entered appearance through
his counsel and filed written statement and
contested the suit. The suit was decreed in
part against the Appellant. Hence the Appellant
preferred this Appeal against the Respondent.
3) The Hon'ble High Court of Karnataka on
hearing the Appeal preliminarily, directed both
the parties to appear before the Bangalore
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Mediation Centre to draw out any possibility of
settlement between the parties.
4) On appearing before the Mediation, the
parties have agreed to the settlement as per
the terms and conditions as follows:
i) The Appellant has paid a sum of Rs.
10,00,000/- (Rupees Ten Lakhs only) as full
and final settlement to the Respondent by way
of Demand Draft bearing No. 200380 dated:
25.05.2023 drawn on Canara Bank, RMV Layout
Branch, Bengaluru today and the same has
been accepted and acknowledged by the
Respondent.
ii) The Respondent shall withdraw the Execution
Petition bearing No.1469/2022 pending before
the City Civil and Sessions Court (CCH-18)
preferred by the Respondent for the execution
of the Judgment and Decree in
O.S.No.5915/2017 and produce copy of the
order to the Appellant.
iii) The parties further agree that they have no
other claims of whatsoever manner against
each other, either past, present or future.
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iv) In view of the this agreement entered into
between the parties, the parties pray that the
Hon'ble High Court of Karnataka, be pleased to
dispose of the Appeal bearing R.F.A.
No.615/21, in terms of this agreement.
v) The parties shall appear before the Hon'ble
High Court of Karnataka, Bengaluru, for passing
necessary orders in terms of the agreement."
3. The appeal is disposed of in terms of the
memorandum of settlement extracted hereinabove. The
office is directed to draw up the decree accordingly.
4. Office is directed to return the court fee paid by
the appellant, in favour of the appellant, after due
verification.
Sd/-
JUDGE
CM
