Disposed

M/S. Pearson India Education v. Virat Institution of Rural

Karnataka HC3 Sept 2022WP/14849/2019

Case brief

AI extract

What is this about?

The High Court accepted a settlement filed between the Petitioner and Respondents via a Compromise Petition. The parties agreed to a lump sum payment to settle an arbitration suit and execution petition, with withdrawals required post-order. The court disposed of the writ petition accordingly.

What did the court decide?

Compromise petition under Order XXIII Rule 3 CrPC accepted; writ petition disposed off

M/S. Pearson India Education Vs Virat… — Contract and Commercial Disputes | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.14849 OF 2019 (GM-RES)

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BETWEEN:

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M/S. PEARSON INDIA EDUCATION SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956,HAVING ITS OFFICE AT NO.11,A WING,GROUND FLOOR, DIVYASREE CHAMBERS, O SHAUGHNESSY ROAD, BENGALURU - 560 025 REPRESENTED BY AUTHORIZED SIGNATORY BY ANUPAM ANURAG KERKETTA

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…PETITIONER

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(BY SRI. GANAPATHI HEGDE, ADVOCATE)

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AND:

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1 . VIRAT INSTITUTION OF RURAL

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AWARENESS TRUST A TRUST CONSTITUTED UNDER THE LAWS OF INDIA, HAVING ITS REGISTERED OFFICE AT DODDAHOSUR, KUNIGAL ROAD, GULUR POST,TUMKUR TALUK AND DISTRICT - 572 119. REP BY ITS PRESIDENT MR. NARENDRA RATHORE

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2 . MR KRISHNAIAH R S/O MR RANGIAH, AGED ABOUT 63 YEARS, HAVING ADDRESS AT MATHRU SADAN, 6TH CROSS, VIDYA NAGAR, TUMKUR - 572 103

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3 . MS. VEDAVATHI H K W/O NARESH KUMAR,

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AGED ABOUT 32 YEARS, HAVING ADDRESS AT SUNKADAKATTE BENGALURU - 560 091.

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4 . MR. HEMRAJ SENCHA S/O MR. KRISHNARAM SENCHA, AGED ABOUT 42 YEARS, R/AT ARVIND ESTATE, DODDAGULLA, KASABA HOBLI, SIRA, TUMKUR - 572 137.

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…RESPONDENTS

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(BY SRI. H.N.NARENDRA DEV, ADVOCATE FOR R1 - R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD: 28.11.2018 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN A.S.NO.22/2018 VIDE ANNEXUR-A AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Both the side submit that lis having been settled by amicable talks, petition may be disposed off in terms of compromise petition. The Compromise Petition reads as under:

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" COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

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The parties above named most respectfully submit as follows:

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1. The Petitioner has filed the captioned Petition challenging the Order dated November 28, 2018 passed by the Court of II Additional District and Sessions Judge, Tumkur in Arbitration Suit No. 22/2018 (now renumbered as Commercial Arbitration Petition No. 01/2020 and transferred to

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Commercial Court, Tumkur) (" Arbitration Suit ”), whereby the operation of the Arbitral Award dated August 28, 2018, passed by the Arbitral Tribunal comprising of Mr. S. Siddalingesh, Retired District and Sessions Judge; Mr. Vishwanath V. Angadi, Retired District and Sessions Judge; and Mr. M.S. Balakrishna, Retired District and Sessions Judge, in the arbitral proceedings between the parties, was stayed. During the pendency of the Arbitration Suit, the Petitioner has also filed Execution Petition No.332/2022 before Hon'ble Chief Judge City Civil Court at Tumkur to execute the said Arbitral Award [" Execution Petition "].

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2.That during the pendency of the captioned proceedings, the parties have decided to amicably settle their inter-se disputes and accordingly, have arrived at and agreed to the following terms of settlement of disputes forming the subject matter of the Arbitration Suit, Execution Petition and the instant Writ proceeding:

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a. The Respondent No.1 has agreed to pay, and the Petitioner has agreed to acknowledge and accept the receipt of, in full and final settlement of all claims of the Petitioner against the Respondents that are the subject matter of the Arbitration Suit and Execution Proceedings, the total sum of INR 11,92,25,629,00 (Indian Rupees Eleven Crores Ninety Two Lakhs Twenty Five Thousand Six Hundred and Twenty Nine Only) ["Settlement Amount"] , in the following manner:

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i. First tranche of INR 1,00,00,000/(Indian Rupees One Crore) has been paid by the Respondent No.1 via Demand Draft No. 041088 dated 0808-2022 drawn Axis Bank Limited, in favour of Pearson India Education Service Private limited having number; and

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ii. Second and final tranche of INR 10,92,25,629/(Indian Rupees Ten

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Crores Ninety Two Lakhs Twenty Five thousand Six hundred and Twenty Nine only) shall be paid by the Respondent No.1, vide Demand Draft No. 041127 dated 2508-2022 drawn on Axis Bank Ltd, in favour of Pearson India Education Service Private Limited. The said Demand Draft shall be handed over by the Respondent No. 1 to the Petitioner before the court on the date of consideration of the instant Compromise Petition.

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b. Within 7 (seven) days from the date of receipt of the certified copy of the Order of this Hon'ble Court on the instant Compromise Petition, the Petitioner shall withdraw the Execution Petition, and the Respondents shall withdraw the Arbitration Suit, from the respective Courts on the files of which the said proceedings are pending;

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c. The parties confirm that with the execution of this Compromise Petition, and subject to the compliance of the terms thereof, neither the Petitioner nor the Respondents have any further claim/demand of whatsoever nature against each other in relation to the subject matter of the Arbitration Suit, Execution Petition, and/or the captioned Writ Petition.

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d. The parties further confirm that other than the Arbitration Suit, Execution Petition and the captioned Writ Petition, neither the Petitioner nor the Respondents have any other legal proceedings pending against each other;

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e. The Petitioner and the Respondents agree to bear their own litigation costs and expenses, including costs incurred towards attorney fee, in respect of the Arbitration Suit, Execution Petition and captioned Writ Petition; and

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f. The Petitioner and the Respondents agree that in view of the above compromise and settlement of dispute between them, the

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instant Petition may be disposed of in terms of this Compromise Petition.

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WHEREFORE, it is prayed that this Hon’ble Court be pleased to direct that a decree be drawn in terms of this Compromise Petition, leaving Parties to bear their own costs, in the interest of justice and equity.

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Learned counsel for the respondent handed Demand Draft dated 25.08.2022 for a sum of

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Rs.10,92,25,629/-. Learned counsel for the petitioner in

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turn has handed Demand Draft to the representative of the petitioner Mr. Vinay K Swamy, present before this Court and he has received the same. This payment is alone in terms of the above compromise.

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In view of the above, writ petition is disposed off.

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Sd/JUDGE

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M/S. Pearson India Education v. Virat Institution of Rural

Case brief

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M/S. Pearson India Education v. Virat Institution of Rural

Case brief

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