Disposed

M/S Satchmo Holdings Limited v. M/S Pasolite Electricals Pvt. Ltd.

Karnataka HC5 Dec 2023RFA/763/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a regular first appeal filed under Section 96 CPC by the appellant against a money recovery decree. The court permitted the withdrawal of the appeal based on a settlement memo filed before the Lok Adalat and directed a full refund of court fees to both parties.

What did the court decide?

Permitted withdrawal of the appeal; directed refund of 100% court fee paid by appellant; directed refund of court fee paid by respondent-plaintiff.

M/S Satchmo Holdings Limited Vs M/S… — Contract and Commercial Disputes | Karnataka HC (2023)

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NC: 2023:KHC:43792 RFA No. 763 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 763 OF 2022 (MON)

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BETWEEN:

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*M/S. SATCHMO HOLDINGS LIMITED (EARLIER M/S. NITESH ESTATES LTD.) A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, EARLIER AT: NITESH TIMES SQUARE, LEVEL 7, NO.8, M.G.ROAD, BENGALURU – 560 001, NOW AT NO.110, LEVEL 1, ANDREWS BUILDING, M.G. ROAD, BENGALURU – 560 001, NOW REPRESENTED BY IT AUTHORISED SIGNATORY MR.K.B.SWAMY, GENERAL MANAGER – LITIGATION

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…APPELLANT

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(BY SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE)

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AND:

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Digitally signed by LEELAVATHI S R

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Location: High Court of Karnataka

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PASOLITE ELECTRICALS PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT, AND HAVING REGISTERED OFFICE AT NO. 7 14th CROSS, KILARI ROAD BENGALURU 560053

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…RESPONDENT

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THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.10.2018 PASSED IN OS No.6100/2017 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JDUGE BENGALURU CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY TIME BARRED.

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

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* Corrected and inserted vide Chamber order dated 20.01.2025

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NC: 2023:KHC:43792 RFA No. 763 of 2022

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JUDGMENT

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Learned Counsel for the appellant has filed a memo seeking withdrawal of the appeal, as settled before the Lok Adalat.

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The said memo reads as under:

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MEMO FOR WITHDRAWAL OF THE APPEAL

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“The undersigned counsel for the appellant submits as follows:

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1. The Appellant has filed the instant appeal being aggrieved by the judgment and decree dated 22.10.2018 in O.S. No.6100/2017.

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2. During the pendency of the appeal, the Appellant and Respondent have settled their disputes vide memo filed in Ex.P.No.4089/2019 before the Lok Adalat on 01.09.2023. Copy of the order dated 01.09.2023 in Ex.P.No.4089/2019 is produced herewith as Annexure-1 .

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3. In view of the settlement arrived at between the parties, the appellant craves leave to withdraw the present appeal and the Registry of this Hon’ble Court may be directed to refund the court fee paid in relation to the present Appeal.

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NC: 2023:KHC:43792 RFA No. 763 of 2022

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Wherefore it is prayed that this Hon’ble Court may be pleased to permit the Appellant to withdraw the present appeal, and a direction may be issued to the Registry of this Hon’ble Court to refund the court fee, in the interests of justice and equity.

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The memo is placed on record.

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The appeal is disposed of as withdrawn.

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The Registry of this Court is directed to refund the entire (100% Court Fee) paid on the Memorandum of Appeal back to the appellant immediately without any further delay.

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So also, the Registry of the Trial Court is directed to refund the entire Court Fee paid on the plaint by the respondent-plaintiff back to the plaintiff, immediately upon receipt of a copy of this order.

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Sd/JUDGE

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JT/-

M/S Satchmo Holdings Limited v. M/S Pasolite Electricals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Satchmo Holdings Limited v. M/S Pasolite Electricals Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

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