An appeal filed under the Commercial Courts Act regarding a recovery suit was disposed of on a compromise. The parties settled the claim, resulted in the modification of the impugned judgment and a refund of court fees.
Impugned judgment and decree modified per compromise terms; court fee refund awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMAP No.91 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
COMMERCIAL APPEAL NO.91 OF 2021
BETWEEN:
Digitally signed by RUPA V Location: High Court of Karnataka
(BY SRI. RAVINDRA V.S. ADV.,)
AND:
COMAP No.91 of 2021
…RESPONDENTS
(BY SRI. V. SANJAY KRISHNA, ADV., FOR R1 MISS. RAMYA B.T. ADV., FOR R2)
THIS COMAP IS FILED UNDER SECTION 13 (1-a) OF COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.04.2021, PASSED BY THE HON'BLE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT), BENGALURU IN COM.O.S. No.724/2019, FILED BY THE RESPONDENT No.1 AND CONSEQUENTLY DISMISS THE SUIT FOR RECOVERY FILED BY THE RESPONDENT No.1, AGAINST THE APPELLANT No.1, 2 AND RESPONDENT No.3 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellant as well as respondent No.1 along
with their counsel are present.
Learned counsel for the appellant seeks leave of this court to withdraw the appeal insofar as it pertains to respondent No.2.
This appeal under Section 13(1)(A) of the
Commercial Courts Act, 2015 has been filed against the judgment dated 03.04.2021 passed by the Commercial Court in Com.O.S.No.724/2019.
A) The Appellants have offered to settle the entire claim of the 1st Respondent at total sum of Rs.6,75,000/- (Rupees Six Lakhs Seventy Five Thousand only), as under:
i) The 1st Respondent shall be entitled to receive the sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) that is deposited by the
COMAP No.91 of 2021
Appellants before this Hon'ble Court vide Order dated 24.08.2021 and the Appellants shall have no objection whatsoever for the 1st Respondent to withdraw the same and co-operate with the 1st Respondent in that regard.
ii) The Appellants have issued a cheque bearing No.572960, dated 06.07.2023 for a sum of Rs.4,25,000/(Rupees Four Lakh Twenty-Five Thousand only) drawn on AXIS Bank, Jayanagar Branch, Bengaluru, in favour of the 1st Respondent herein for payment.
iii) The Appellants undertake to clear the payment under the aforesaid cheque on its presentation without fail.
B) The 1st Respondent, subject to realization of the aforesaid cheque bearing No.572960, dated 06.07.2023 for a sum of Rs.4,25,000/- (Rupees Four Lakhs Twenty-Five Thousand only) drawn on AXIS Bank, Jayanagar Branch, Bengaluru and the release of
COMAP No.91 of 2021
Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) that has been deposited by the Appellant before this Hon'ble Court, acknowledges the settlement of her claim fully and finally.
C) The Appellants agree that in the event, the payment as above is not honoured in favour of the 1st Respondent, she is entitled to execute the Decree dated 03.04.2021 passed in Commercial O.S.No.724/2019 in entirety.
D) The Appellants shall be entitled to claim for allowable refund of the Court fee paid on this Appeal, if any.
E) The parties herein have agreed to the aforesaid terms of compromise on their own and without any force, coercion or undue influence.
F) The Appellants have no objection for the Appeal as against the 2nd Respondent to be dismissed as withdrawn.
COMAP No.91 of 2021
the parties, the judgment and decree passed by the Commercial Court is modified and the appeal is disposed of in terms of the compromise arrived at.
The court fee deposited by the appellant be refunded to him.
Sd/JUDGE
Sd/JUDGE
SS
3 issues framed by the court
Whether the commercial appeal should be disposed of based on a compromise arrived at between the parties.
Whether the appellant is entitled to the refund of court fees deposited.
Whether the appeal against the second respondent should be dismissed as withdrawn.
2 provisions across 2 enactments
M/S. Stevia World Agro Tech Pvt. Ltd.
Sri. Manjunath Mandikal
Mrs. Usha Medina
Sri. Ranganatha Krishnan
Allok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
