Appeal challenging dismissal of a suit to set aside an arbitral award was disposed of after the parties amicably settled the dispute for Rs. 40 lakhs paid as full and final settlement by cheques to the respondents.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
COMAP NO. 395 OF 2023
BETWEEN:
BOTH ARE R/AT FOUR FOUNTAINS DE-STRESS SPA, NO.227, 4TH A CROSS 3RD MAIN, PANDURANGANAGAR BENGALURU - 560 076 …APPELLANTS
(BY SRI. T PRAKASH., ADV.)
AND:
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:4860-DB COMAP No. 395 of 2023
…RESPONDENTS
(BY SRI. VASANTH KUMAR N., ADV.)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13 1(A) OF COMMERCIAL COURTS ACT READ WITH SECTION 37 OF ARBITRATION AND CONCILIATION ACT READ WITH ORDER XLIII RULE (1)(R) OF CPC, 1908, PRAYING TO A) SET ASIDE THE JUDGMENT DATED 28/07/2023 PASSED BY LXXXVI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-87) DISMISSING COMMERCIAL AS NO. 237/2018.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 13-1(A) of Commercial Courts Act read with Section 37 of Arbitration and Conciliation Act read with Order XLIII Rule (1)(r) of Code of Civil Procedure, 1908 is filed by the appellants in A.S.No.237/2018 against the judgment dated July 28, 2023 passed by the LXXXVI Additional City Civil and Sessions Judge, Bengaluru (CCH-87).
NC: 2024:KHC:4860-DB COMAP No. 395 of 2023
appellants and Shri N. Vasanth Kumar, learned Advocate for respondents No.1 and 2.
that during the pendency of this appeal, parties have amicably resolved the dispute and respondents have received a sum of Rs.40 Lakhs towards full and final settlement of their claim. Learned Advocate for respondents has filed a memo of even date which reads as follows:
" MEMO
Counsel for the respondent most respectfully submits the receipt of two (2) cheques drawn on the name of the respondent No.1 & 2 for a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) each on IDFC First Bank bearing cheque No.000017 and 000018 together for a sum of Rs.40,00,000/(Rupees Forty Lakhs as full and final settlement of the respondents claim. The said memo may kindly be taken on record in the interest of justice and equity."
joint memo of even date which reads as follows:
" MEMO
The undersigned counsels for the appellants and respondents submit that the above said case is amicably settled between the parties for a sum of
NC: 2024:KHC:4860-DB COMAP No. 395 of 2023
Rs.40 Lakhs as full and final settlement. Hence this memo.
Wherefore, it is prayed that this Hon'ble Court be pleased to take this memo on record and to pass suitable order in the ends of justice."
for consideration in this appeal and accordingly, this
appeal stands disposed of in terms of the memos.
Sd/CHIEF JUSTICE
Sd/JUDGE
PA, CT:HS, List No.: 1 Sl No.: 50
1 issue framed by the court
Whether the appeal against dismissal of the suit to set aside the arbitral award could be disposed of in terms of the parties' settlement memo.
3 provisions across 3 enactments
G S Prashanth
G.S.Naveen
Smt Samira S Rao
Smt. Pranita Dey
P.S.Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
