Karnataka High Court
M/S Nikitha Enterprises vs M/S Shiva Ferric Pvt Ltd on 19 February, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:6930
RFA No. 773 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 773 OF 2023 (MON)
BETWEEN:
M/S NIKITHA ENTERPRISES
A PARTNERSHIP FIRM
NO 162/2 SHOP NO 2
4TH CROSS, LALBAGH ROAD
K S GARDEN,
BENGALURU 27
REP BY ITS PARTNER
SRI VIJAY SARASWAT
S/O SOHANLAL OJA
AGED ABOUT 48 YEARS
THE PARTNERSHIP FIRM
HAS CLOSED IN THE YEAR OF 2017
...APPELLANT
Digitally signed
by
HEMALATHA A (BY SRI. M S NAGARAJA.,ADVOCATE)
Location: High
Court of
Karnataka AND:
1. M/S SHIVA FERRIC PVT LTD
HEAD OFFICE NO 193 SHIVA SADAN
4TH FLOOR, OPP TO NCC APARTMENT
OUTER RING ROAD B NARAYANAPURA
BENGALURU 560016
REP BY ITS DIRECTOR
SRI SHIVAKUMAR PURVA
AGED ABOUT 61 YEARS
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RFA No. 773 of 2023
REP BY PA HOLDER
SRI RAKESH KUMAR SINHA
AGED ABOUT 64 YEARS
S/O LATE AWADESH KUMAR SINHA.
2. SRI SATHYANARAYAN AGARWAL
S/O MADAN GOPAL AGARWAL
AGED ABOUT 51 YEARS
R/AT NO 162/1, 4TH CROSS
LALBAGH ROAD,
K S GARDEN
BENGALURU-560027.
...RESPONDENTS
(BY SRI. ANNU BHARDWAJ.,ADVOCATE FOR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED: 06.11.2023)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER
41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 15.12.2022 PASSED IN OS NO.8320/2017
ON THE FILE OF THE LVIII ADDITIONAL CITY CAVIL AND
SESSIONS JDUGE, (CCH-59) BENGALURU CITY. PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:6930
RFA No. 773 of 2023
JUDGMENT
1. This appeal is filed by appellant under Section 96
of CPC challenging the judgment and decree dated
15.12.2022 passed by the LVIII Addl. City Civil and
Sessions Judge, Bangalore in O.S.No.8320/2017,
whereby the suit filed by the plaintiff for recovery of
money has been partly decreed.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff filed the suit against the defendants
for recovery of sum of Rs.10,81,000/- with interest at
24% p.a. The Trial Court after hearing the parties,
vide judgment and decree dated 15.12.2022 has party
decreed the suit and directed the defendant No.1,
Company to pay the suit claim of Rs.10,81,000/- to
the plaintiff-Company and also directed to pay interest
at 9% per annum from the date of filing the suit till
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realization on the balance amount of Rs.5,40,717/-.
Being aggrieved by the same, the present appeal is
filed by the defendant-Company.
4. On service of notice, the respondent No.1-
plaintiff has appeared through counsel.
5. During the pendency of this appeal, both the
parties have compromised the matter. The learned
counsel appearing for the parties have filed a
compromise petition under Order XXIII Rule 3 read
with Section 89 of the CPC. The contents of the
compromise petition is extracted hereinbelow:
MEMORANDUM OF COMPROMISE PETITION
UNDER ORDER XXIII RULE 3 READ WITH SECTION
89 OF CODE OF CIVIL PROCEFURE 1908
The appellant and respondent No.1 above
named submits as follows:
1. The appellant has filed the above appeal
against the Judgment and Decree passed by the
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Learned LVIII Additional City Civil & Sessions
Judge, Bengaluru city, in OS. No.8320/2017
dated:15.12.2022.
2. It is submitted that, at the intervention of
the well wishers of both appellant and respondent
No.1, they have arrived the amicable settlement
to settle the dispute involved in the above
appeal on the following terms and conditions.
3. The appellant being the Partner of appellant's
Firm by name M/s Nikitha Enterprises, has
agreed to pay sum of RS. 6,00,000/- (Rupees six
lakhs only) to the plaintiff/the respondent No.1
as a full and final settlement towards the decree
passed in OS.No.8320/2017, and the plaintiff/
respondent No.1 has agreed to receive the said
amount of Rs. 6,00,000/- as a full and final
settlement towards the dispute involved in the
above appeal.
4. It is submitted that, in pursuance of the
interim order passed by this Hon'ble Court the
appellant herein, has deposited sum of
Rs.5,00,000/- (Rupees five laksh only) before
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the Executing Court in Ex. No.1091/2022 pending
on the file of City Civil Judge, Bengaluru, the
appellant, has no objection to the respondent
No.1 to withdraw the said amount towards the
payment of settlement amount. And further the
appellant has paid the remaining amount of Rs.
1,00,000/- (Rupees one lakh only) to the
respondent No.1 by way of Demand Draft bearing
No.463513 dated: 15/02/2024, drawn on Kotak
Mahindra Bank, Bommanahalli Branch, before
this Hon'ble Court. The respondent No.1 has
acknowledged the same and the respondent
No.1 has no claims against the appellant Firm in
respect of the Judgment and Decree passed in
O.S.No.8320/2017.
5. It is submitted that, in view of settlement
entered between the parties and also in view of
the payment of the agreed amount, the
respondent No.1 has no objection to allow the
appeal and dispose the same in terms of the
above compromise petition by modifying the
decree amount as per the Judgment and Decree
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passed by the Trial Court in O.S.No.8320/2017
dated: 15.12.2022.
6. It is submitted that, the appellant and
respondent No.1 have entered this compromise
petition voluntarily out of their free will and
volition and there is no coercion or force from
anybody else.
WHEREFORE, the appellant and respondent
No.1 pray that this Hon'ble Court may be pleased
to dispose the above appeal in terms of the
compromise petition and further direct the office
to refund the entire court fee paid by the
appellant in the interest of justice and equity.
VERIFICATION
We, the appellant and respondent No.1, above
named do hereby declare and verify that, the
statements made in the compromise petition at
Paras 1 to 6 are true and correct to the best of
our knowledge, information and belief and we
have put our signature to the compromise
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petition after understanding the contents of the
compromise petition on this day.
6. The parties are present before the Court and they
have been identified by their respective counsel. The
contents of the compromise petition have been read
over to the parties in the language known to them.
They have accepted the same. There is no legal or
factual inhibition to accept the compromise, as the
same is out of their volition and without any coercion
and compulsion.
7. The compromise petition signed by the parties
and their respective counsel is taken on record. This
Court after satisfying with the terms of the
compromise petition, has passed the following order:
ORDER
a) The appeal is disposed of in terms of the
compromise petition.
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b) The compromise petition filed under Order
XXIII Rule 3 of CPC is ordered to be treated
as part and parcel of this order.
c) The Registry is directed to draw final decree
in terms of the compromise petition.
Sd/-
JUDGE
DM
