On an interlocutory application, the High Court of Karnataka disposed of a commercial appeal after recording an in-court settlement between the parties mediated through a Memorandum of Settlement.
Commercial appeal disposed of as settled and withdrawn per Memorandum of Settlement; deposited amounts and court fees released to respondent.
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.
NC: 2024:KHC:32253-DB COMAP No. 187 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA COMMERCIAL APPEAL NO. 187 OF 2024
BETWEEN:
M/S. IMPEL EXPORTS A REGISTERED PARTNERSHIP FIRM UNDER THE PROVISIONS OF THE PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO.B 88/A, KSSIDC INDUSTRIAL AREA, BOMMASANDRA, BENGALURU 560 099
REPRESENTED BY ITS PURCHASE MANAGER AND AUTHORIZED SIGNATORY MR. PRADEEP GATTI
…APPELLANT
(BY SRI. ARUN PRADESH E., ADVOCATE)
Digitally signed by NANDINI D Location: High Court of Karnataka
AND:
SUVIKRAM PLASTEX PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT #16, 4th MAIN, INDUSTRIAL TOWN, W.C ROAD, RAJAJINAGAR, BENGALURU - 560 010
AND WORKS AT SURVEY NO.96, MACHOHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, VISHWANEEDAM POST, BENGALURU - 560 091
NC: 2024:KHC:32253-DB COMAP No. 187 of 2024
REPRESENTED BY ITS DIRECTOR MR. SUDHIR R. PRABHU
…RESPONDENT
(BY SRI. VENKATESH R. BHAGAT., ADVOCATE)
THIS COMAP IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 READ WITH ORDER XLI OF THE CPC, 1908, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE, DATED 08.06.2022 PASSED BY THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH84) IN COM. O.S. NO. 256 OF 2019 MARKED AS DOCUMENT NO.1 AND TO REJECT THE ALLEGED CLAIMS MADE BY THE RESPONDENT IN THE SAID SUIT ETC.
THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
It is submitted by the learned counsel appearing on either side that the disputes between the parties which has given rise to this Commercial Appeal has been settled in mediation between them. It is contended that the settlement entered into between the parties produced in writing in the form of Memorandum of Settlement. It is stated that the appellant has agreed to pay a sum of
Rs.34,00,000/- (Rupees Thirty four lakhs only) towards full and final settlement of all the claims of respondent. It is submitted that the amount of Rs.20,00,000/- (Rupees Twenty lakhs only) has been deposited before the Commercial Court in Execution Petition No.418/2022 and further amount of Rs.5,00,000/- (Rupees Five lakhs only) has been deposited before this Court in this Commercial Appeal.
disputes have now been settled in terms of settlement arrived at in mediation. It is submitted that terms of settlement are agreed upon between the parties. It is further submitted that the appellant has no objection to the Court fees paid in respect of this appeal being paid to the respondent in terms of the agreement arrived at between the parties.
NC: 2024:KHC:32253-DB COMAP No. 187 of 2024
respondent has been settled by the appellant in terms of
the agreement arrived at between the parties.
this Court shall release the amounts as agreed herein to the respondent on proper identification.
disposed of.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
SSD List No.: 1 Sl No.: 20
M/S. IMPEL EXPORTS
SUVIKRAM PLASTEX PRIVATE LIMITED
ANU SIVARAMAN
G BASAVARAJA
As recorded by the court registry
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