Disposed

M/S North Eastern Carrying Corporation v. Nature Care Solution

Karnataka HC1 Oct 2020RFA/900/2010

Case brief

AI extract

What is this about?

This order records a settlement reached in a first appeal filed under Civil Procedure Code. The parties agreed to a lump-sum payment of Rs. 1,35,000/- as full and final settlement, modifying the trial court's decree. The appeal was disposed of following the concession.

What did the court decide?

The appeal was disposed of; the decree stands modified based on a settlement of Rs. 1,35,000/- with interest pending payment.

M/S North Eastern Carrying Corporation Vs… — Contract and Commercial Disputes | Karnataka HC (2020)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF OCTOBER, 2020

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CONCILIATORS PRESENT:

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THE HON’BLE MR. JUSTICE B.A. PATIL

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SRI. M.N. UMASHANKAR, MEMBER

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R.F.A.No. 900/2010 (MV) (Lok Adalat No. 16/2020)

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BETWEEN

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M/s. North Eastern Carrying Corporation, No.50, S.B. Narayana Layout, Lalbagh Road, Bangalore – 560 027, By its Authorised Officer. ... Appellant

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(By Sri. P. Srinivasaiah, Advocate)

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AND

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Nature Care Solution, Having its Office at No.163/6, First Floor, 1^st Main Road, Seshadripuram, Bangalore – 20.

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United India Insurance Co. Ltd., No.8, CKN Chambers, 1^st Main, Seshadripuram, Bangalore-20. ... Respondents

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(By Sri. Janardhan Reddy, Advocate for R-1 & R-2)

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THIS REGULAR FIRST APPEAL FILED U/S 96 R/W ORDER XLI OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT DATED 09.12.2009 PASSED IN O.S. NO. 4855/2003 ON THE FILE OF THE XXXI ADDL. CITY CIVIL JUDGE (CCH-14), BANGALORE CITY, DECREEING THE SUIT OF THE 1^ST PLAINTIFF AND DIRECTED THE DEFENDANT TO PAY A SUM OF RS.1,15,311/- WITH INTEREST @ 6% P.A. FROM THE DATE OF THE SUIT TILL REALISATION OF THE ENTIRE AMOUNT.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant is present. The learned Counsel appearing for the Respondents is present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the respondents is filed. The 1^st respondent-claimant has agreed to receive and the appellant - Company has agreed to pay a lump-sum of Rs.1,35,000/- (Rupees One Lakh Thirty Five Thousand only) as against Rs.1,15,311/- with interest @ 6% p.a. decreed by the Trial Court, in full and final settlement of the claim.

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The appellant – Company has undertaken that it will not file any appeal

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and the above amount is agreed by the 1^st respondent – claimant with free consent as a full and final settlement and appellant – Company has agreed to

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pay the said amount to the 1^st respondent – claimant within a period of two weeks from the date of this Order, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.

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This Regular First Appeal stands disposed of in terms of the Joint memo. The Judgment and Decree of the Trial Court shall stand modified accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

M/S North Eastern Carrying Corporation v. Nature Care Solution

Case brief

What is this about?

What did the court decide?

M/S North Eastern Carrying Corporation v. Nature Care Solution

Case brief

What is this about?

What did the court decide?

What the court decided

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