Allowed

M/S Metropoli Overseas Limited v. Mr G P Trivedi

Karnataka HC20 Jul 2021RFA/131/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the first appeal filed under Section 96 CPC. The judgment and decree of the court below, which partly decreed the suit for recovery of money, were set aside based on a compromise petition filed by both parties.

What did the court decide?

The judgment and decree of the court below were set aside. The appeal was allowed in terms of the compromise petition.

M/S Metropoli Overseas Limited Vs Mr G P… — Contract and Commercial Disputes | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JULY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE M.I.ARUN

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RFA NO.131 OF 2021 (MON)

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BETWEEN :

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M/S METROPOLI OVERSEAS LIMITED REGD. OFFICE AT NO.2, B.B.D. BAG(E) CALCUTTA – 700 001, FACTORY AT: HYDALU VILLAGE, NELAMANGALA BANGALORE RURAL, BANGALORE REP. BY ITS MANAGING DIRECTOR MR. MOHATA

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MR. MOHATA MANAGING DIRECTOR METROPOLI OVERSEAS LTD. REGD. OFFICE AT NO.2 B.B.D. BAG (E) CALCUTTA – 700 001

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MR. P. K. MISHRA AGED ABOUT 55 YEARS S/O LATE KUNU MISHRA SENIOR EXECUTIVE OF METROPOLI OVERSEAS LTD. FACTORY AT : HYDALU VILLAGE NELAMANGALA BANGALORE RURAL BANGALORE

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… APPELLANTS

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(BY SRI. MALLAHAR RAO, ADV.)

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AND :

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MR. G.P.TRIVEDI S/O LATE B.G.TIWARI AGED ABOUT 68 YEARS MODERN PACKAGING NO.79, PIPELINE KASTURBA NAGAR MYSORE ROAD BANGALORE – 560 026 … RESPONDENT

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(BY SMT. SUNITHA H. SINGH, ADV. FOR C/R)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 05.12.2020 PASSED IN OS.NO.3981/2007 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the judgment and decree dated 05.12.2020 passed by XXX Additional City Civil Judge, Bengaluru, decreeing the suit in O.S.No.3981/2007, the defendants therein have filed this appeal.

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Parties have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of CPC on

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20.07.2021 setting out the terms of compromise between them.

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The appellant-Company represented by

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Sri P.K.Mishra its Senior Executive is present before the Court. It is stated by learned counsel for the appellants that he is duly authorized to represent the appellantCompany and necessary board resolution has been passed in this regard. The respondent is also present before the Court. Learned counsel for the appellants and learned counsel for the Caveator/respondent are present before the Court and they have duly identified their respective parties. Both the parties state that they have entered into a compromise and have filed the compromise petition. They pray that the appeal may be allowed in terms of the compromise petition.

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The aforesaid compromise petition is taken on record. Hence, the following:

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ORDER

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(i) The appeal is allowed in terms of the compromise petition dated 20.07.2021;

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(ii) The judgment and decree dated 05.12.2020 passed by XXX Additional City Civil Judge, Bengaluru, in the suit in O.S.No.3981/2007 is hereby set aside;

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(iii) Parties to bear their own costs;

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(iv) Office to draw the modified decree accordingly;

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(v) Registry to verify and refund the court fee to the appellants, if they are so entitled in accordance with law;

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(v) Pending I.A. does not survive and it stands disposed of.

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Sd/JUDGE

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hkh.

M/S Metropoli Overseas Limited v. Mr G P Trivedi

Case brief

What is this about?

What did the court decide?

M/S Metropoli Overseas Limited v. Mr G P Trivedi

Case brief

What is this about?

What did the court decide?

What the court decided

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