Disposed

Smt Sathi Menon v. M/S Maba Corporate Services Pvt. Ltd.

Karnataka HC4 Jan 2023RFA/1295/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a regular first appeal filed against a money recovery decree. The court accepted a memorandum of settlement filed by the parties under Section 89 CPC and mediated the dispute, modifying the decree accordingly.

What did the court decide?

The judgment and decree were modified in terms of the settlement; the deposited Rs. 10 lakhs released to respondent; court fees refunded; pending interlocutory applications disposed of.

Smt Sathi Menon Vs M/S Maba Corporate… — Contract and Commercial Disputes | Karnataka HC (2023)

¶1

¶2

RFA No. 1295 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 4^TH DAY OF JANUARY, 2023

¶5

PRESENT

¶6

THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

¶7

AND

¶8

THE HON'BLE MR JUSTICE G BASAVARAJA

¶9

REGULAR FIRST APPEAL NO. 1295 OF 2022 (MON)

¶10

BETWEEN:

¶11

SMT. SATHI MENON W/O SRI. RAM MOHAN MENON, AGED ABOUT 59 YEARS, R/AT NO. 58, 'A' 1ST CROSS ROAD, DOMLUR LAYOUT, BENGALURU - 560 071.

¶12

…APPELLANT

¶13

(BY SMT. SANGEETHA M. MANJUNATH FOR SRI. S.R. KAMALACHARAN, ADVOCATES)

¶14

Digitally signed by SUDHA S Location: HIGH COURT OF KARNATAKA

¶15

AND:

¶16

M/S MABA CORPORATE SERVICES PVT. LTD., A COMPANY EXISTING UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS OFFICE AT NO.186/1, J.C. COMPLEX ANNEXURE, SIRUR PARK ROAD,

¶17

¶18

RFA No. 1295 of 2022

¶19

SESHADRIPURAM, BENGALURU - 560 020 AND ITS REGISTERED OFFICE AT NO. 70, BAMANA, NEAR FARM HOUSE, JALAHALLI EAST, VIDYARANYAPURAM POST, BENGALURU - 560 097. REP. BY ITS DIRECTOR SRI. H.P. MANOHAR

¶20

…RESPONDENT

¶21

(BY SRI. KRISHNA MURTHY V., ADVOCATE)

¶22

THIS RFA FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.04.2018 PASSED IN OS No.1345/2015 ON THE FILE OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.

¶23

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

¶24

JUDGMENT

¶25

This appeal under Section 96 r/w Order 41 Rule 1 of CPC is filed by the appellant/ defendant in O.S. No.1345/2015 against the Judgment and decree dated 12.04.2018 passed by XVI Additional City Civil Judge, Bengaluru.

¶26

¶27

RFA No. 1295 of 2022

¶28

Heard Shri Sangeetha M. Manjunath, learned advocate for the appellant and Shri Krishna Murthy V., learned advocate for the respondent.

¶29

Smt. Sathi Menon, appellant and Shri. C.M. Narayana, the Managing Director of respondent company are present and they are identified by their respective advocates.

¶30

Learned advocates on both sides jointly submit that learned Trial Court has decreed the suit for recovery of money. However, during the pendency of the appeal, parties have amicably resolved the dispute. The memorandum of settlement under Section 89 of CPC read with Section 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 duly signed by the appellant, respondent and their respective advocates has been filed. Parties agree that they have understood the terms of the Settlement. They pray that this appeal is disposed of in terms Memorandum of Settlement before Bengaluru Mediation Centre.

¶31

¶32

RFA No. 1295 of 2022

¶33

The terms of Memorandum of Settlement read as follows:

¶34

MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

¶35

The Appellant and the Respondent in the above case submit as follows:-

¶36

"I. The respondent company herein had filed an Original Suit bearing O.S. No.1345/2015 before the XVI Addl. City Civil and Sessions Judge, Bengaluru against the appellant for recovery of a sum of Rs.27,03,174/(Rupees Twenty Seven Lakhs Three Thousand One Hundred and Seventy Four Only) including interest at 24% p.a. The Hon'ble Court had decreed the said suit on 12.04.2018 directing the appellant herein to pay a sum of Rs.27,03,174/- (Rupees Twenty Seven Lakhs Three Thousand One Hundred and Seventy Four Only) and being aggrieved by the said judgment and decree, the appellant has preferred this RFA.

¶37

II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, the parties have resolved their dispute and have agreed to the following terms and conditions:

¶38

1. In view of the above settlement the appellant has agreed pay a total sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) to the respondent company in the following manner:

¶39

¶40

RFA No. 1295 of 2022

¶41

i. It is stated that the appellant has already deposited a sum of Rs.10,00,000/- ( Rupees Ten lakhs Only) before the Hon'ble High Court of Karnataka, Bengaluru, pursuant to the order dated 23.09.2022. Further, the appellant herein has no objection for the withdrawal of the aforesaid deposited amount of Rs. 10,00,000/(Rupees Ten Lakhs Only) by the respondent company in view of this settlement arrived between the parties.

¶42

ii. It is stated that the appellant has paid a sum of Rs.5,00,000/-(Rupees five Lakhs only) to the respondent company in Ex.No. 3666/2018 on 18.12.2021 and the respondent company acknowledges the same.

¶43

iii. It is further stated that the appellant has paid a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the respondent company by way of D.D. bearing No.000260 dated 15.11.2022 drawn on Axis Bank, Domlur Branch, Bengaluru in favour of the respondent company and the respondent company duly acknowledges the receipt of the same.

¶44

iv. It is also stated that the appellant has paid a sum of Rs.5,00,000/-( Rupees Five Lakhs Only) to the respondent company by way of D.D. bearing No. 000264 dated 30.11.2022 drawn on Axis Bank, Domlur Branch, Bengaluru in favour of the respondent company and the respondent

¶45

¶46

RFA No. 1295 of 2022

¶47

company duly acknowledges the receipt of the same.

¶48

v. It is further mutually agreed between the parties that the appellant has agreed and undertaken to pay the full and final balance sum of Rs.5,00,000/-(Rupees Five Lakhs Only) to the respondent company on or before 15.12.2022 before the Hon'ble High Court of Karnataka, Bengaluru at the time of reporting the settlement agreement by way of Demand Draft.

¶49

2. Pursuant to the aforesaid settlement agreement both the parties have mutually agreed to withdraw/ close/ quash all the litigation/s pending before the Hon'ble High Court of Karnataka, Bengaluru and also close the criminal case No. 9746/2017 pending before XX Addl. Small causes Judge and 18th ACMM, Bengaluru, SCCH-22, Bengaluru filed against Mr. Rammohan and others and also any other pending proceedings pertaining to any other litigation/ proceedings not only against the appellant herein but also her family members and M/s Suraj condominium Pvt. Ltd.,. Further, the respondent has agreed to return any other relevant documents in his possession connected to the said transaction between the parties, in view of this settlement.

¶50

3. Both the parties state and agree that apart from what is stated above they have no other claims against each other either past, present or in future.

¶51

¶52

RFA No. 1295 of 2022

¶53

III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court to pass the appropriate order in terms of this agreement.

¶54

IV. In view of the aforesaid agreement, the appellant prays for refund of the institution/ court fee paid.

¶55

V. Parties will appear before the Hon'ble Court for passing decree/ orders in terms of the agreement.

¶56

In our opinion, settlement arrived at between the parties is lawful and hence accepted. Judgment and decree dated 12.04.2018 in O.S. No.1345/2015 passed by the XVI Additional City Civil Judge, Bengaluru shall stand modified in terms of setllement arrived at between the parties. This appeal is accordingly disposed of.

¶57

Decree shall be drawn accordingly. Parties shall bear

¶58

their own costs.

¶59

Learned advocates on both sides have agreed that Rs.10 lakhs deposited in this Court shall be released in favour of respondent. Ordered accordingly.

¶60

¶61

RFA No. 1295 of 2022

¶62

Registry shall refund the court fee in accordance with law.

¶63

In view of disposal of this appeal, all pending interlocutory applications do not survive for consideration and they stand disposed of .

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 30

Smt Sathi Menon v. M/S Maba Corporate Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Smt Sathi Menon v. M/S Maba Corporate Services Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Commissioner Vs Avestagenome Project

Smt. Bhagyamma Vs Murthy K. R.

Sri D v Narasimhan Vs M/S N.S.Rajagopal and Co.

The State of Karnataka Vs Ms Bharathi Rock Products

Bengaluru Water Supply and Vs the State of Karnataka

The Joint Commisisoner Vs M/S Sri Anjaneya Agro Tech. Pvt. Ltd.