Karnataka High Court
M/S S M Batteries vs M/S Shree Venkateshwara Enterprises on 22 November, 2024
Author: K.Somashekar
Bench: K.Somashekar
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RFA No. 1031 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 1031 OF 2021(MON)
BETWEEN:
1. M/S. S. M. BATTERIES,
NO.176, 60 FEET ROAD,
AVALAHALLI EXTENSION,
GIRINAGAR 2ND STAGE,
BANGALORE - 560 085,
REP. BY ITS PROPRIETOR,
SMT. SAVITHA AND SURESH.
2. SMT. SAVITHA,
W/O SURESH,
AGED ABOUT 46 YEARS,
NO.176, 60 FEET ROAD,
AVALAHALLI EXTENSION,
Digitally signed GIRINAGAR 2ND STAGE,
by SUMATHY BANGALORE - 560 085.
KANNAN
Location: High
Court of 3. SRI. SURESH,
Karnataka S/O RAMEGOWDA,
AGED ABOUT 50 YEARS,
NO.176, 60 FEET ROAD,
AVALAHALLI EXTENSION,
GIRINAGAR 2ND STAGE
BANGALORE - 560 085.
...APPELLANTS
(BY SRI. MAYANNA GOWDA .N.R, ADVOCATE)
AND:
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RFA No. 1031 of 2021
M/S. SHREE VENKATESHWARA ENTERPRISES,
NO.33, NAGADEVANAHALLI,
80 FEET RING ROAD,
JNANABHARATHI POST,
BANGALORE - 560 056,
REP. BY ITS PROPRIETOR,
SRINIVAS VIKRAM.
...RESPONDENT
(BY SRI. ANJANEYA .A.B, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 03.01.2020 PASSED IN
OS.NO. 7496/2017 ON THE FILE OF THE LII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE
SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and decree
rendered by the Trial Court in O.S.No.7496/2017 dated
03.01.2020 by urging various grounds.
2. Learned counsel Shri Mayanna Gowda N.R. for the
appellants and so also learned counsel Shri Anjaneya A.B. for
the respondent are present before Court. Further, Smt.
Savitha / Appellant No.2, Shri Suresh / Appellant No.3
representing the 1st appellant Company, are present before
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Court. Shri Srinivas Vikram representing the respondent
Company, is also present before Court.
3. In this appeal, appellants and the respondent have
filed a Compromise Petition under Order XXIII Rule 3 of the
CPC, which reads thus:
"The appellants and respondent respectfully submits
as follows:-
1. The appellants and respondent respectfully
submit that at the intervention of elders, well-
wishers and friends of both the parties, mutually
agreed to enter this compromise as hereunder.
2. The appellants agreed to pay of Rs. 7 lakhs
(Seven Lakhs) to the respondent and the
respondent agreed to accept the said amount from
the appellants before the executing court in EX No.
2155/2020 as follows:
3. The appellant paid part of the compromise
amount of Rs. 4 lakhs in cash before the executing
court on 16/11/2024 in Ex No. 2155/2020 and
remaining amount of Rs. 3,00,000/- agreed to pay
by the appellants to the respondent on or before
20/12/2024.
4. The appellants agreed to give the consent in
event of this Hon'ble court permitted to refund the
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court fee paid before this Hon'ble court in favour of
respondent for which the respondent agreed to
receive the refund amount of court fee from this
Hon'ble court by submitting necessary documents.
5. The appellants agreed to pay the remaining
amount of Rs. 1,90,000/- before the executing court
in EX No. 2155/2020 on or before 20/12/2024,
falling which the respondent who is decree- holder
entitle to enforce the decree for remaining entire
decreetal amount by deducting the payment already
received by the respondent from the appellants.
6. The appellants and respondent agreed to bear
their own cost of proceedings and they have no any
claims whatsoever manner hereinafter against each
other.
7. The appellants respectfully pray that this Hon'ble
court be pleased to refund the Court fee paid by the
appellants and may kindly refund in favour of
respondent in the above case.
8. The appellants and respondent are entered into
this compromise of amicable settlement with free
and willful consent without any undue influence,
coercion, fraud, mistake or misunderstanding by
each other. Both the parties signed after
understanding the contents of this compromise
terms and conditions.
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Wherefore the appellants and respondent
respectfully prays that this Hon'ble court under the
above said terms and conditions may kindly accept
the compromise petition and passed the necessary
order in the above case, in the interest of justice,
equity and law."
4. In view of the above compromise petition filed by the
parties jointly, it indicates that the appellants and respondent
have entered into an amicable settlement of the issues that
emerged between them. The terms and conditions have been
apprised to both the parties in the presence of the learned
counsel for both the parties. Both the parties have signed the
compromise after understanding the contents and the terms
and conditions of the compromise.
5. Accordingly, this compromise petition is taken on
record and the appeal is disposed of, in terms of the
compromise petition.
6. In view of the compromise entered into among the
parties, both the learned counsel for the appellants as well as
the respondent who are present before Court, are agreeable for
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an order directing to release the Court fee paid, in favour of the
respondent.
7. Keeping in view the submission of the learned counsel
for the parties and in the given peculiar facts and
circumstances of the case, if any Court fee has been paid in the
matter, the same shall be refunded in favour of the respondent,
on due identification.
SD/-
(K.SOMASHEKAR)
JUDGE
SD/-
(RAJESH RAI K)
JUDGE
KS
