Karnataka High Court
G S Prashanth vs Smt Samira S Rao on 5 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
-1-
NC: 2024:KHC:4860-DB
COMAP No. 395 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
COMAP NO. 395 OF 2023
BETWEEN:
1. G S PRASHANTH
S/O G S SHIVAKUMAR
AGED 45 YEARS
2. G.S.NAVEEN
S/O G S SHIVAKUMAR
AGED 40 YEARS
BOTH ARE R/AT FOUR FOUNTAINS
DE-STRESS SPA, NO.227, 4TH A CROSS
3RD MAIN, PANDURANGANAGAR
BENGALURU - 560 076 ...APPELLANTS
(BY SRI. T PRAKASH., ADV.)
AND:
Digitally signed by MALA K N 1. SMT SAMIRA S RAO
Location: HIGH COURT OF W/O SRI SANKETH RAO
KARNATAKA AGED ABOUT 31 YEARS
R/AT NO.1305, BLOCK B-2
L AND T SOUTH CITY APARTMENT
ARAKERE MICO LAYOUT
BANNERGHATTA ROAD
BENGALURU - 560 076
2. SMT. PRANITA DEY
W/O SRI KASHINATH DEY
AGED 62 YEARS, NO.1107
D1 BLOCK, L AND T SOUTH CITY
APARTMENT, ARAKERE, MICO LAYOUT
BANNERGHATTA ROAD
BENGALURU - 560 076
-2-
NC: 2024:KHC:4860-DB
COMAP No. 395 of 2023
...RESPONDENTS
(BY SRI. VASANTH KUMAR N., ADV.)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13 1(A) OF COMMERCIAL COURTS ACT READ WITH SECTION
37 OF ARBITRATION AND CONCILIATION ACT READ WITH
ORDER XLIII RULE (1)(R) OF CPC, 1908, PRAYING TO A) SET
ASIDE THE JUDGMENT DATED 28/07/2023 PASSED BY LXXXVI
ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU
(CCH-87) DISMISSING COMMERCIAL AS NO. 237/2018.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 13-1(A) of Commercial
Courts Act read with Section 37 of Arbitration and
Conciliation Act read with Order XLIII Rule (1)(r) of Code
of Civil Procedure, 1908 is filed by the appellants in
A.S.No.237/2018 against the judgment dated July 28,
2023 passed by the LXXXVI Additional City Civil and
Sessions Judge, Bengaluru (CCH-87).
2. Appellants herein have filed the instant suit with
a prayer to set aside the arbitral award dated 30.08.2018
passed in Arbitration Case No.38/2018. The suit has
been dismissed.
NC: 2024:KHC:4860-DB
3. Heard Shri T. Prakash, learned Advocate for the
appellants and Shri N. Vasanth Kumar, learned Advocate
for respondents No.1 and 2.
4. Learned advocates on both sides jointly submit
that during the pendency of this appeal, parties have
amicably resolved the dispute and respondents have
received a sum of Rs.40 Lakhs towards full and final
settlement of their claim. Learned Advocate for
respondents has filed a memo of even date which reads
as follows:
"MEMO
Counsel for the respondent most respectfully
submits the receipt of two (2) cheques drawn on the
name of the respondent No.1 & 2 for a sum of Rs.
20,00,000/- (Rupees Twenty Lakhs Only) each on
IDFC First Bank bearing cheque No.000017 and
000018 together for a sum of Rs.40,00,000/-
(Rupees Forty Lakhs as full and final settlement of
the respondents claim. The said memo may kindly
be taken on record in the interest of justice and
equity."
5. Learned Advocates on both sides have filed a
joint memo of even date which reads as follows:
"MEMO
The undersigned counsels for the appellants
and respondents submit that the above said case is
amicably settled between the parties for a sum of
NC: 2024:KHC:4860-DB
Rs.40 Lakhs as full and final settlement. Hence this
memo.
Wherefore, it is prayed that this Hon'ble Court
be pleased to take this memo on record and to pass
suitable order in the ends of justice."
6. Memos be kept in record.
7. In view of the above, nothing further survives
for consideration in this appeal and accordingly, this
appeal stands disposed of in terms of the memos.
8. Decree shall be drawn accordingly. Parties shall
bear their own costs.
9. Registry shall refund the court fee in accordance
with law.
10. In view of disposal of this appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
