Karnataka High Court
M/S Flotech Engineering vs M/S Ion Exchange (India) Ltd on 18 July, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC:26990
RFA No. 589 of 2008
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
REGULAR FIRST APPEAL NO. 589 OF 2008 (MON)
BETWEEN:
M/S FLOTECH ENGINEERING
& TRADING SERVICES NO 47
SUNKADAKATE MAGADI ROAD
BANGALORE-91
REP BY ITS MANAGING PARTNER
SRI M C SHYAMSUKA.
...APPELLANT
(BY SRI. AJAY SHANKAR SINGH., ADVOCATE)
AND:
1. M/S ION EXCHANGE (INDIA) LTD
COMPANY REGD. OFFICE AT
"TIECICON" HOUSE DR E MOSES ROAD
MAHALAKSHMI ROAD
Digitally signed BOMBAY-400011
by NAGAVENI REP. BY ITS MANAGING DIRECTOR.
Location: High
Court of
Karnataka 2. M/S ION EXCHANGE (INDIA) LTD
PLOT NO 105 SIPCOT INDUSTRIAL COMPLEX
HOUSE, TAMILNADU-635126
REP. BY GENERAL MANAGER.
3. M/S ION EXCHANGE (INDIA) LTD
NO 305 EMBASSY CHAMBERS
NO 5 VITTAL MALYA ROAD
BANGALORE-560001
REP. BY ITS GENERAL MANAGER
...RESPONDENTS
(BY SRI. GOVINDRAJ & SRI P NEHRU ., ADVOCATES FOR R3)
-2-
NC: 2025:KHC:26990
RFA No. 589 of 2008
HC-KAR
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED:15.12.2007 PASSED IN
O.S.NO.8468/1995 ON THE FILE OF THE XXX ADDL. CITY CIVIL
JUDGE, BANGALORE, 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 M.NAGAPRASANNA
ORAL JUDGMENT
The appellant is before this Court, calling in question
an order of the consent court dated 15.12.2007 in
O.S.No.8468/1995.
2. During the subsistence of this petition, the parties
to the lis have settled the dispute amongst themselves by
drawing certain terms of settlement. The petition of
compromise filed under Order 23 Rule 3 r/w. Section 151
of the CPC reads as follows:
"The Appellant and the Respondent named above
respectfully submit before this Hon'ble Court as
follows:
1. The Appellant had filed a suit O.S.No.8468/1995
before the Hon'ble City Civil Court, Bengaluru,
against the Respondents for recovery of money,
NC: 2025:KHC:26990
HC-KAR
upon contest, the Hon'ble City Civil Court, Bengaluru,
by its judgment and decree dated 15.12.2007 was
pleased to partly decreed the said suit, the
respondents herein are jointly and severally liable to
pay a sum of Rs.1,16,823/- to the appellant together
with court costs and current and future interest at
the rate of 12% p.a., on Rs.67,923/- from the date
of the suit till its realization.
2. The appellant, against the judgment and decree
dated 15.12.2007 passed in OS.No.8468/1995, filed
an appeal before this Hon'ble Court in
RFA.No.589/2008. When the appeal listed for final
hearing before this Hon'ble Court, the respondents at
the intervention of common friends amicably
resolved their disputes. Accordingly, the respondents
agreed to pay a sum of Rs.4,50,000/- (Rupees Four
Lakhs Fifty Thousand only) to the appellant as full
and final settlement of their claim. The appellant also
agreed for the said amount.
3. As per the terms of the compromise, the
respondents have paid Rs.4,50,000/- (Rupees Four
Lakhs Fifty Thousand only) to the appellant by way
of D.D. No.001112, dated 16.07.2025 drawn on Bank
of India, Hosur Branch, in favour of the Appellant.
The appellant acknowledged the receipt of said DD,
NC: 2025:KHC:26990
HC-KAR
towards full and final settlement from the
respondents in the above case.
4. This compromise is recorded with the consent and
concurrence of parties to the appeal and the appeal
may please be ordered to be disposed of in terms of
the compromise arrived by the parties to the appeal.
Upon the terms of the compromise being fulfilled and
satisfied the parties shall not agitate further before
any court of law.
5. The terms and conditions of this compromise
petition have been read over to the appellant and
respondents in the above case in the language
known to them and after understanding the contents
of the compromise petition the respective parties
have put their respective signatures on this
compromise petition in the presence of their
respective counsels on record and their counsels on
record, have identified the signatures of the
respective parties in the above case. Hence the
appellant and respondents most respectfully pray
that this Hon'ble Court be pleased to record the
compromise entered into between the appellant and
respondents in the above case and to dispose of the
case in terms of the compromise petition filed by
them.
NC: 2025:KHC:26990
HC-KAR
6. The Appellant most respectfully submits that since
the present appeal is being disposed of on the basis
of a lawful compromise between the parties under
Order XXIII Rule 3 of the Code of Civil Procedure,
1908, the appellant is entitled to a refund of the
court fees paid on the memorandum of appeal, in
accordance with Section 69-A of the Karnataka Court
Fees and Suits Valuation Act, 1958. The Appellant
therefore humbly prays that this Hon'ble Court be
pleased to direct the refund of the full court fee paid
in the above appeal, in the interest of justice and
equity.
WHEREFORE, the appellant and respondents in the
above case, jointly and severally pray that this
Hon'ble Court be pleased to dispose of the above
case in terms of the compromise petition filed by the
appellant and respondents in the above case, in the
interest of justice and equity."
3. In the light of the settlement of the dispute
between the parties, I deem it appropriate to close the suit
by directing drawing up of a decree in terms of the
compromise.
NC: 2025:KHC:26990
HC-KAR
4. In the light of the settlement arrived at between
the parties, the appellant would become entitled to the
refund of court fee as obtaining under Section 69-A of the
Karnataka Court Fees and Suits Valuation Act, 1958, which
should be refund of the entire court fee that is deposited
by the appellant.
Sd/-
(M.NAGAPRASANNA)
JUDGE
CM
