Karnataka High Court
M/S Saanvi Clothing Pvt. Ltd vs M/S Mayur Graphics on 28 October, 2024
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COMAP No. 39 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
COMMERCIAL APPEAL No. 39 OF 2024
BETWEEN:
1. M/S SAANVI CLOTHING PVT. LTD.,
PLOT No. 450, VEERABHADRA PALYA,
VASUNDARA LAYOUT,
NEAR KCP CIRCLE,
NELAMANGALA ROAD,
DODDABALLAPURA,
BENGALURU - 561203.
REPRESENTED BY ITS
AUTHORIZED SIGNATORY,
SRI .Y.V. KRISHNA MURTHY,
S/O SRI Y. VENKATARAMANAPPA,
AGED ABOUT 51 YEARS.
...APPELLANT
(BY SRI TUSHARA, ADVOCATE FOR
Digitally signed
by VALLI SRI SUYOG HERELE E., ADVOCATE)
MARIMUTHU AND:
Location: High
Court of 1. M/S MAYUR GRAPHICS,
Karnataka C-12, INDUSTRIAL ESTATE,
RAJAJINAGAR, BENGALURU,
PIN CODE - 560010.
REPRESENTED BY THE PARTNER,
SRI P. PRADEEP,
AGE AND FATHER NAME OF THE
REPRESENTATIVE IS NOT KNOWN
TO THE APPELLANT.
...RESPONDENT
(BY SRI K. RAJASHEKHAR, ADVOCATE)
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COMAP No. 39 of 2024
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)
OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND
COMMERCIAL APPELLATE DIVISION OF THE HIGH COURTS ACT,
PRAYING TO SET ASIDE THE JUDGMENT DATED 28TH NOVEMBER
2023 AND DECREE SIGNED ON 12.12.2023 IN COM. O.S. NO.
472/2021 PASSED BY THE LEARNED LXXXII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU, PRODUCED AT
ANNEXURE A AND CONSEQUENTLY DISMISS THE SUIT IN
COM.O.S No. 472/2021.
THIS COMMERCIAL APPEAL COMING ON FOR ADMISSION
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The present commercial appeal arose from the judgment and
decree dated 28.11.2023 passed by learned LXXXII Additional City
Civil and Sessions Judge, Bengaluru in Commercial Original Suit
No.472 of 2021. The suit of the plaintiff came to be decreed and
the defendant-appellant herein was required to pay the amount of
Rs.3,87,736.55 with interest at 10% per annum from the date of
filing of the suit till the date of realization.
2. When the appeal came up for consideration today, learned
advocate Mr.Tushara for learned advocate Mr. E. Suyog Herele for
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the for the appellant-original defendant and learned advocate Mr.
K. Rajashekhar for the respondent-original plaintiff, jointly
submitted the Memorandum of Compromise and stated before the
Court that the parties have settled the dispute outside the Court.
3. The parties above named representing the
appellant-defendant and respondent-plaintiff are personally present
before the Court. They are identified by their respective learned
advocates.
3.1 The parties when asked in the Court stated that they have
entered into the settlement out of their own volition uninfluenced by
any external aspect.
4. The appellant-defendant agreed to pay Rs.5,06,000/- to the
plaintiff in full and final settlement and satisfaction of the judgment
and decree and the plaintiff has agreed to accept the said amount.
The Demand Draft No.406729 dated 24.09.2024 for the said
amount of Rs.5,06,000/- is being handed over to learned advocate
for the respondent.
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5. The Demand Draft handed over in the open Court is
transmitted to the plaintiff. The Memorandum of Compromise also
accompanies affidavits of one Sri. Pradeep P S/o. Parthasarathy R,
who is the partner of respondent-plaintiff, also filed an affidavit by
Sri. Manoj N S/o. Narayanaswamy A.G, who is Accounts Manger of
the appellant-company-original defendant and as per the Board
Resolution dated 09.10.2024, he is authorized to represent the
appellant-company in the present proceedings and to settle the
present proceedings.
6. In view of the above, the settlement is recorded. The
judgment and decree dated 28.11.2023 shall be substituted by the
terms of settlement.
7. The appeal proceedings are closed in view of the settlement.
8. At this stage, it was pointed out that by the interim orders
dated 21.02.2024 and 03.04.2024, this Court directed the appellant
to deposit Rs.2,00,000/-, which was deposited as per Demand
Draft No.443608 dated 04.04.2024, which may be returned to the
appellant. Since the parties have settled the dispute in terms of the
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above compromise petition, the said amount deserves to be
returned to the appellant.
9. The Registry is directed to return the said amount of
Rs.2,00,000/- to the appellant herein after undergoing the
necessary procedure including identification.
10. Learned advocate for the appellant further submitted that as
the appeal is disposed of without any effective hearing, the court
fee of Rs.44,464/- paid while filing the appeal, may be refunded.
Registry is directed to refund the amount upon undertaking
necessary procedure.
11. The appeal is disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
