Karnataka High Court
T. Sudhakar Pai vs M/S Manipal Academy Of Higher Education on 12 January, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:2137-DB
COMAP No. 237 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
COMMERCIAL APPEAL NO. 237 OF 2023 (COMAP)
BETWEEN:
1. T. SUDHAKAR PAI
S/O LATE RAMESH PAI,
AGED ABOUT 73 YEARS,
N-701, NORTH BLOCK,
MANIPAL CENTRE,
47, DICKENSON ROAD,
BENGALURU - 560 042
2. MOHAMMED SAMIULLA,
S/O LATE MOHAMMED HASHIM,
AGED 48 YEARS,
302, NORTH BLOCK,
Digitally signed by D
HEMA
Location: HIGH COURT
MANIPAL CENTRE,
OF KARNATAKA
47, DICKENSON ROAD,
BENGALURU - 560042
3. DR. RITU CHAUHAN,
D/O J.S. CHAUHAN,
AGED 43 YEARS,
24, LAKSHMI SAGAR ROAD,
CHANDAPURA,
BANGALORE - 560 099
...APPELLANTS
(BY SRI. IRFANA NAZEER, ADVOCATE)
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NC: 2024:KHC:2137-DB
COMAP No. 237 of 2023
AND:
1. M/S MANIPAL ACADEMY OF HIGHER EDUCATION
A PUBLIC TRUST,
HAVING ITS REGISTERED OFFICE AT MADHAV
NAGAR, MANIPAL,
KARNATAKA - 576 104
REPRESENTED BY ITS TRUSTEE
DR. H.S. BALLAL
2. MANIPAL ACADEMY OF HIGHER EDUCATION,
(DEEMED UNIVERSITY)
HAVING ITS REGISTERED OFFICE AT MADHAV
NAGAR, MANIPAL,
KARNATAKA - 576 104
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
DR. VINOD. V. THOMAS
3. MANIPAL INTERNATIONAL SCHOOL,
CHANDAPURA, ANEKAL ROAD,
SURYANAGAR PHASE I,
ELECTRONIC CITY,
BANGALORE - 560 099.
4. MANIPAL E-COMMERCE LIMITED,
HAVING OFFICE AT N-701,
NORTH BLOCK, MANIPAL CENTRE,
47, DICKENSON ROAD,
BENGALURU - 560 042
...RESPONDENTS
(BY SRI. ABRAHAM JOSEPH, ADVOCATE FOR
SRI. MANU PRABHAKAR KULKARNI, ADVOCATE FOR R1
AND R2)
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NC: 2024:KHC:2137-DB
COMAP No. 237 of 2023
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13
(1-A) OF COMMERCIAL COURTS ACT, 2015, PRAYING TO A)
CALL FOR RECORDS, AND SET ASIDE THE ORDER DATED
21.02.2019 PASSED BY THE LEARNED PRINCIPAL CITY CIVIL
AND SESSIONS JUDGE AT BENGALURU IN OS.NO. 1244/2019
AT ANNEXURE-A.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Abraham Joseph along with Sri. Manu Prabhakar
Kulkarni, learned counsel for respondents Nos.1 and 2 are
present before the Court physically.
2. Learned counsel for the appellants has filed
I.A.No.1/2023 under Section 151 of CPC., praying to
permit the appellants to withdraw the present appeal.
3. I.A.No.1/2023 is accompanied with affidavit of
appellant Nos.1, 2 and 3, wherein it is stated that the
present appeal has been filed by the appellants seeking to
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set aside the ad interim ex parte order dated 21.02.2019
passed by the erstwhile LXXXII Additional Civil and
Sessions Judge at Bengaluru (CCH-83) in
O.S.No.1244/2019, subsequently, the appellants have
entered into a compromise with respondents No.1 and 2,
vide a Compromise Agreement, dated 31.10.2023 and by
virtue of the Compromise Agreement, it has been agreed
by the appellants to withdraw the present appeal as per
clause 6.4 of the same and appellant No.1 has also
entered into a Compromise petition, dated 02.11.2023, in
O.S.No.960/2021, that was pending before the X
Additional District and Session Judge (Commercial Unit),
Bengaluru Rural, Bengaluru and stated that even by virtue
of Clause 14(d) of the aforementioned Compromise
Petition, dated 02.11.2023, it has been agreed by the
Appellants to withdraw the present appeal against the
Respondents. As such, it is prayed by the appellants to
permit them to withdraw the present appeal against the
Respondents as a result of the aforementioned
compromise entered between the Appellants and
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Respondents Nos. 1 and 2. Further, it is stated that, if the
present application is not allowed the appellants will be
put to grave hardship as the Appellants have agreed to
withdraw the present appeal within 21 days from the date
of entering into the aforementioned compromise. On the
other hand, if the application is allowed no hardship or loss
shall occur to the respondents.
4. However, keeping in view the provision of
Section 151 of Cr.P.C., it is stated that no limit for the
inherent power can be exercised either affecting or
effecting any order under this Code, which is the first limb
of the said provision of law but the second limb is to
prevent the abuse of process of court and the last limb of
the said provision of law is to secure the ends of justice
but securing the ends of justice is an important aspect,
which is applicable to both the parties, to exercise the
inherent power. Keeping in view the aforesaid provision of
law, it is deemed appropriate that I.A.No.1/2023 filed for
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withdrawal of the appeal be considered. Consequently,
I.A.No.1/2023 is hereby allowed.
5. Accordingly, the appeal is dismissed as
withdrawn.
Ordered accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
AG
