Karnataka High Court

Mr Sridhar Venkataraman vs M/S Premier Toolings on 11 August, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

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                                                            RFA No. 1391 of 2017



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                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF AUGUST, 2025

                                             BEFORE

                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                       REGULAR FIRST APPEAL NO. 1391 OF 2017 (MON)

                  BETWEEN:

                  1.    MR. SRIDHAR VENKATARAMAN,
                        S/O SRI VENKATARAMAN,
                        DIRECTOR,
                        WRONGLY REFERRED AS
                        M/s. PRECISION TECHNOPLAST
                        NO.48, GOWDANAPALYA,
                        BEHIND RAPSRI ENGINEERING
                        SUBRAMANYAPURA POST,
                        BANGALORE - 560 061.
                        ACTUALLY
                        M/s. PRECISION INDUSTRIAL COMPONENTS,
                        UNIT - 1, 14 M.M.INDUSTRIAL ESTATE,
                        YEDIYUR, BANGALORE - 560 092.

                  2.    MRS REVATHI VENKATARAMAN,
                        W/O SRI VENKATARAMAN,
                        DIRECTOR,
Digitally signed by     WRONGLY REFERRED AS
GEETHAKUMARI            M/s. PRECISION TECHNOPLAST,
PARLATTAYA S            NO.48, GOWDANAPALYA,
Location: High          BEHIND RAPSRI ENGINEERING,
Court of Karnataka      SUBRAMANYAPURA POST,
                        BANGALORE - 560 061

                        ACTUALLY
                        M/s. PRECISION INDUSTRIAL COMPONENTS,
                        UNIT - 1, 14 M.M.INDUSTRIAL ESTATE,
                        YEDIYUR, BANGALORE - 560 092.
                                                                  ...APPELLANTS

                  (BY SMT.SUNITHA H.SINGH, ADVOCATE)
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                                            NC: 2025:KHC:30990
                                           RFA No. 1391 of 2017



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AND:

1.   M/s. PREMIER TOOLINGS
     46, INDUSTRIAL LAYOUT
     BSK II STAGE,
     BANGALORE - 560 070.
     REP. BY ITS PROPRIETOR
     MR RAVISHANKAR.

2.   M/s. PRECISION TECHONOPLAST
     NO.48, GOWDANAPALYA
     BEHIND RAPSRI ENGINEERING,
     SUBRAMANYAPURA POST,
     BANGALORE - 560 061.
     REP. BY ITS AUTHORIZED SIGNATORY
     BY SRIDHAR VENKATARAM
     (WRONGLY STATED)
                                                ...RESPONDENTS
[BY SMT. H.C.LOKESHWARI, ADVOCATE FOR
    SRI A.RAVISHANKAR, ADVOCATE FOR C/R1
    NOTICE TO R2 IS HELD SUFFICIENT V/O DATED 30.06.2023]


       THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908,

AGAINST THE JUDGMENT AND DECREE DATED 18.04.2017 PASSED

IN OS NO.5469/2011 ON THE FILE OF THE XIX ADDL. CITY CIVIL

AND SESSIONS JUDGE, BANGALORE CITY, PARTLY DECREEING THE

SUIT FOR RECOVERY OF MONEY.


       THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE RAVI V HOSMANI
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                                                 NC: 2025:KHC:30990
                                                RFA No. 1391 of 2017



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                       ORAL JUDGMENT

Challenging judgment and decree dated 18.04.2017

passed by XIX Addl. City Civil and Sessions Judge, Bengaluru,

in O.S. no.5469/2011, this appeal is filed by defendants no.2

and 3.

2. It was submitted, during pendency of appeal,

parties have arrived at settlement between them and terms of

which are recorded in memorandum of compromise petition

and prayed that appeal may be disposed of in terms of

compromise.

3. Terms of compromise reads as under:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE 1908

The Appellants and the Respondent No.1 most respectfully submit as under :-

1. That the Respondent / Plaintiff had filed a against the Defendant / Appellant herein for recovery of Rs.7,67,016/- with interest thereon at 24% per annum, contending that they are an Industrial concern doing job works in Bangalore and that the Defendants, Appellants herein placed orders for carrying out job work with them and in this transaction, there was some amount due for which recovery suit was filed.

2. The Defendants resisted the claim of the Plaintiff and denied the averments of the Plaint.

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3. The Trial Court, upon consideration of materials on record, decreed the suit of the Plaintiff in a sum of Rs.6,00,828/- with current and future interest at 10% on the principal amount of Rs. 4,65,840/- payable by Defendants No. 2 and 3, even on behalf of Defendant No.1.

4. Aggrieved by the Judgment and Decree of the Trial Court dated 18-04-2017, the above Appeal is filed by the Defendants / Appellants, herein challenging the same.

5. As per the advice of the well-wishers, this Hon'ble Court and friends, the parties have compromised their dispute as under. 6. That the Defendants No. 2 and 3 / Appellants herein have agreed to pay the suit claim of Rs. 6,00,828/- with interest at 8% from 29.07.2011 till 06.06.2025. In other words, the Defendants have agreed to pay the Plaintiff in all a sum of Rs 11,25,156/- towards full and final settlement of the claim of the Plaintiff / Respondent herein.

6. It is further submitted that the Appellant and the Respondent No.1

Decretal amount - 6,00,828-00 Interest from 29.7.2011 (Date of suit) Till 6.06.2025 at 8% on 4,65,840/- - 5,24,328-00 3121 X 168

Total 11,25,156-00

7. It is further submitted that it is agreed between the Appellant and the Respondent that the Appellant shall pay sum of Rs.11,25,156/- in the following manner :-.

a. The appellant this day paid a sum of Rs.2,00,000/- by way of two demand draft

i. Bearing No 038877 dated 22.07.2025 Bank of India for a sum of Rs. 1,00,000/- in favour of the respondent.

ii. Bearing No 038958 dated 07.08.2025 Bank of India for a sum of Rs. 1,00,000/- in favour of the respondent.

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b. The appellants have deposited a sum of Rs.

4,00,000/- in Execution petition 1543 of 2019 pending on the file of the XIX additional City Civil court which appellants have consented to be withdrawn by the respondent and the appellants has no objection for the same.

c. The appellants shall pay a balance sum of Rs 5,25,156/- by way of three equal installments every months being Rs.1,75,000/- each starting from 10.09.2025 to 10.11.2025.

8. The Appellant / Defendants herein agree that the Execution Petition No. 1543/2019 pending on the file of 19th Additional City Civil Court, Bengaluru can be withdrawn by the Plaintiff / Respondent herein only after receipt of the last installment referred to above. The parties agree that till such time, the execution petition 1543/2019 would be kept pending and both parties would make necessary submissions before the executing court in this regard.

9. The Appellant / Defendants agree that in the event of non-payment of moneys as agreed upon and referred to above, the Respondent / Plaintiff herein is at liberty to proceed with the execution proceedings for recovery of dues towards the balance decretal amount.

10. The parties mutually agree that upon receipt of the entire amount of Rs. 11,25,156/- as agreed upon in this compromise petition and within the time frame fixed by the parties, the Plaintiff will have no claim whatsoever against the Defendants arising from the judgment and decree impugned before the Hon'ble Court in the above Appeal.

11. It is further submitted that the appellants have deposited a fixed deposit in the name of Shreedhar Venkataraman for a Rs.2,00,000/- bearing Account No. 840745110003820 in the Bank of India dated 24.03.2021 by way of Security deposit in compliance of the orders passed by this Hon'ble court.

12. This Hon'ble court may be pleased to direct the office to released the fixed deposit in the name of

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Shreedhar Venkataraman for a Rs 2,00,000/- bearing Account No.840745110003820 in the Bank of India dated 24.03.2021 in favour of the appellant No.1 and the appellant No. 2 has no objection for the same.

13. It is further submitted that the Respondent has consented for the aforesaid terms and condition and has also agreed to withdraw the execution petition 1543 of 2019 pending on the file of the XIX additional City Civil court as fully satisfied.

14. It is further submitted that both the Appellants and the Respondent shall have no claims of whatsoever nature against each other.

15. The parties to this appeal most respectfully submit that they have entered into this Compromise Petition out of their Volition, free will, free consent and without undue influence, coercion from any angle and they have signed this Compromise Petition after verifying and understanding the terms thoroughly. Both the parties have agreed to all the terms and conditions above stated.

16. It is most respectfully prayed that this Hon'ble court may be pleased to direct the office to refund the entire court fees in favour of the appellant No.1.

Wherefore, it is most respectfully submitted that this Hon'ble Court may be pleased to allow this appeal in terms of Compromise Petition in the interest of justice and Equity."

4. Parties are present and identified by their

respective counsel. On interaction, they stated, terms of

compromise have been explained to them and after

understanding, they have affirmed same out of their free will

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and volition without there being any threat, coercion and/or

undue influence from anyone.

5. In terms of compromise, appellants have handed

over two demand drafts bearing nos.038877 and 038958 dated

22.07.2025 and 07.08.2025 respectively for Rs.1 Lakh each

drawn in favour of respondent as per para 7 a of compromise

petition. It is submitted, apart from same, amount of Rs.4

Lakhs deposited by appellants in Ex.no.1543/2019 before XIX

Additional City Civil Court, Bengaluru (CCH-18), may be

withdrawn by respondent and appellants would have no

objection for same. It is further submitted, balance amount of

Rs.5,25,156/- would be paid in three equal installments of

Rs.1,75,000/- which begins from 10.09.2025 to 10.11.2025.

6. It is further submitted, Fixed Deposit receipt for

Rs.2 Lakhs produced by appellants on 24.03.2021 has to be

returned to appellants as it has matured. Respondent would

have no objection for same.

7. I have perused terms of settlement and same are

found to be lawful. Compromise petition is taken on record.

Appeal is allowed in terms of and to extent of compromise

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petition, judgment and decree passed by trial Court is modified

accordingly.

8. Registry to draw decree incorporating terms of

compromise.

9. Appellants would be entitled for refund of

admissible court fee.

Liberty is reserved to any one of appellants to seek for

refund of court fee, by producing Power of Attorney from other.

Sd/-

(RAVI V HOSMANI) JUDGE

AV