Karnataka High Court
M/S Jains And Alliance Palms Venture ... vs Raghavanshi Timbers And Saw Mills on 4 March, 2024
Author: Chief Justice
Bench: Chief Justice
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COMAP No. 182 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
COMMERCIAL APPEAL NO. 182 OF 2023
BETWEEN:
1. M/S.JAINS AND ALLIANCE PALMS
VENTURE PVT. LTD.
BRANCH OFFICE AT No.85,
KARHTIK NAGAR, MARATHALLI,
K.R. PURAM, OUTER RING ROAD,
BENGALURU - 560 037
REPRESENTED BY ITS MANAGER
...APPELLANT
(BY SRI Y.V. PRAKASH, ADVOCATE FOR
SRI Y.K.NARAYANA SHARMA, ADVOCATE)
AND:
1. RAGHAVANSHI TIMBERS AND SAW MILLS
PLOT NO 15-20, VINAYAKANAGAR,
Digitally signed OLD MADRAS ROAD, MEDAHALLI,
by AMBIKA H B BENGALURU - 560 049
Location: HIGH REPRESENTED BY ITS MANAGING PARTNER
COURT OF
KARNATAKA MR. RAMESH P PATEL
2. M/S JAINS AND ALLIANCE PALMS
VENTURE PVT. LTD.
REGD. OFFICE AT No.82,
HIGH GATES, 8TH AND 9TH FLOOR,
SANTHOMA HIGH ROAD,
M R C NAGAR, CHENNAI - 600 028
REPRESENTED BY ITS DIRECTOR,
VIJAY JAIN
...RESPONDENTS
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COMAP No. 182 of 2023
THIS COMMERCIAL APPEAL FILED UNDER SECTION 13 OF
THE COMMERCIAL COURTS ACT, 2015 PRAYING TO SET ASIDE
JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN
COM.O.S.NO. 471/2021 IN THE COURT OF LXXXIX ADDL. CITY CIVIL
AND SESSIONS JUDGE, BANGALORE (CCH-90) AND DISMISSED
THE SUIT WITH COST THOUGH OUT BY ALLOWING THIS APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
T.G.SHIVASHANKARE GOWDA J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the arguments of learned advocate Mr.Y.V.Prakash
for the appellant.
2. This appeal under Section 13(1A) of the Commercial
Courts Act, 2015 is filed by defendant No.1 in
Com.O.S.No.471/2021 against the order dated 31.01.2023 passed
by LXXXIX Additional City Civil & Sessions Judge, Bengaluru.
3. Mr.Girish Jain, Manager of M/s.Jains and Alliance
Palms Venture Pvt. Ltd-appellant, Mr.Ramesh P.Patel, Managing
Partner of Raghavanshi Timbers and Saw Mills-respondent No.1
are present and they are identified by learned advocate for the
appellant.
4. Learned advocate for the appellant submits that during
the pendency of the appeal, parties have amicably resolved the
dispute. By way of an application-I.A.No.1/2024, compromise
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petition under Order XXIII Rule 3 of CPC is duly signed by
appellant, respondent No.1 and by learned advocate for the
appellant is filed. Parties agree that they have understood the
terms of compromise. They pray that this appeal be disposed of in
terms of settlement stated in the compromise petition. The
appellant handed over a Demand Draft for Rs.5,40,301/- bearing
No.525751 dated 14.12.2023 issued by ICICI Bank to respondent
No.1.
5. The terms of compromise read as follows:
"MEMORANDUM OF COMPROMISE PETITION
FILED UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL
PROCEDURE, 1908
"The parties to the above appeal respectfully submit as follows:-
On the intervention and advise of the well wishers of the parties,
the disputes between the parties have been settled and they have
agreed for the disposal of the above appeal with the following
terms:-
1. It is agreed that a sum of Rs.05,40,301/- (Rupees Five Lakhs
Forty Thousand and Three Hundred and One only) shall be paid by
the appellant to the Respondent No.1 in full settlement of all his
claims against the appellant. The sum of Rs.05,40,301/- (Rupees
Five Lakhs Forty Thousand and Three Hundred and One only) is
arrived at by considering all the facts and circumstances, including
the suit claim made by the respondent No.1 and the parties confirm
that no other claims or disputes are there between the parties.
2. The aforesaid sum of 05,40,301/- (Rupees Five Lakhs Forty
Thousand and Three Hundred and One only) shall be paid by the
appellant to the Respondent No.1 through Demand Draft bearing
No.525751 dated 14.12.2023 issued by ICICI Bank in favour of the
Respondent No.1.
3. The parties confirm that they have agreed for the above
settlement and compromise out of free will and violation without any
pressure or threat and confirm that the said terms and conditions,
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are fair and reasonable and for the benefit of both the parties under
the circumstances of the case.
4. The Court Fee paid on the Appeal Memo be refunded to the
Appellant.
Wherefore, the parties respectfully pray that this Hon'ble Court be
pleased to record the above compromise and modify the judgment
and decree dated 31.01.2023 passed in Com.O.S.No.471/2021 in
the Court of LXXXIX Addl. City Civil and Sessions Judge, Bangalore
(CCH-90) in terms of the above compromise in the interest of
justice."
6. In our opinion, by allowing the application-
I.A.No.1/2024 compromise arrived between the parties is lawful
and hence, accepted. Order dated 31.01.2023 in
Com.O.S.No.471/2021 passed by LXXXIX Additional City Civil and
Sessions Judge, Bengaluru, shall stand modified in terms of
compromise arrived between the parties.
7. Refund of Court Fee is permitted in accordance with law.
8. This appeal is accordingly disposed of.
9. 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
KPS
