Disposed

M/S Clavetech Industrial Services v. M/S Ingersoll Rand (India) Ltd.

Karnataka HC1 Feb 2024RFA/615/2021

Case brief

AI extract

What is this about?

Money-recovery suit partly decreed against the defendant; on appeal, parties settled before Bangalore Mediation Centre with Rs.10 lakh paid as full and final settlement and the appeal was disposed of in terms of the memorandum of settlement.

What did the court decide?

Appeal disposed in terms of settlement; decree to be drawn accordingly; court fee returned to appellant.

M/S Clavetech Industrial Services Vs M/S Ingersoll Rand… — Arbitration | Karnataka HC (2024)

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1 - NC: 2024:KHC:4322 RFA No. 615 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 615 OF 2021 (MON)

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BETWEEN:

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M/S CLAVETECH INDUSTRIAL SERVICES HAVING ITS OFFICE AT NO. 43/1 PRASANNAHALLI ROAD DEVANAHALLI, BANGALORE 562110. REP BY ITS PROPRIETOR MR. SURESH B R.

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…APPELLANT

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(BY SRI. JAGADEESH M.,ADVOCATE)

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AND:

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Digitally signed by HEMALATHA A Location: High Court of Karnataka

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M/S INGERSOLL RAND (INDIA) LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 8TH FLOOR TOWER D, IBC KNOWLEDGE PARK NO. 4/1, BANNERGHATTA MAIN ROAD BANGALORE 560029 REP BY MR NAVEEN SAMANTH

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…RESPONDENT

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(BY SRI. NANDAKUMAR.,ADVOCATE FOR C/R)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.04.2021 PASSED IN O.S.NO.5915/2017 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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NC: 2024:KHC:4322 RFA No. 615 of 2021

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

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JUDGMENT

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This appeal is filed by the defendant challenging the judgment and decree dated 09.04.2021 passed by the XIX Additional City Civil and Sessions Judge, Bangalore City, whereby the suit was decreed and defendant was directed to pay a sum of Rs.8,25,244/- to the plaintiff together with interest @ 12% p.a. from the date of the suit till its realization.

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This Court, at the request of the parties, by order dated 06.03.2023, referred the matter to the Bangalore Mediation Centre, Bangalore. Now, the parties have settled the matter under the aegis of the Bangalore Mediation Centre. The memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 reads as follows:

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“The Parties above named submits as follows:

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3 - NC: 2024:KHC:4322 RFA No. 615 of 2021

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1) The Respondent had filed a suit bearing O.S.No.5915/2017 against the Appellant seeking for a judgment and decree for Rs. 16,65,796/- (Rupees Sixteen Lakhs Sixty Five Thousand Seven Hundred and Ninety-Six Only) along with the interest at rate of 18% P.A, i.e., sum of Rs.8,25,244/- (Rupees Eight Lakhs Twenty Five Thousand Two Hundred and Forty Four only) from the date of fling of the suit till date of payment by Appellant to Respondent Company and to direct the Appellant to pay a sum of Rs. 4,85,000/- (Rupees Four Lakhs Eighty-Five Thousand Only) towards the damage suffered by the Respondent due to delay in making payment, towards mental agony, and loss of business opportunities.

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2) The Appellant entered appearance through his counsel and filed written statement and contested the suit. The suit was decreed in part against the Appellant. Hence the Appellant preferred this Appeal against the Respondent.

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3) The Hon’ble High Court of Karnataka on hearing the Appeal preliminarily, directed both the parties to appear before the Bangalore

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NC: 2024:KHC:4322 RFA No. 615 of 2021

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Mediation Centre to draw out any possibility of settlement between the parties.

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4) On appearing before the Mediation, the parties have agreed to the settlement as per the terms and conditions as follows:

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i) The Appellant has paid a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) as full and final settlement to the Respondent by way of Demand Draft bearing No. 200380 dated: 25.05.2023 drawn on Canara Bank, RMV Layout Branch, Bengaluru today and the same has been accepted and acknowledged by the Respondent.

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ii) The Respondent shall withdraw the Execution Petition bearing No.1469/2022 pending before the City Civil and Sessions Court (CCH-18) preferred by the Respondent for the execution of the Judgment and Decree in O.S.No.5915/2017 and produce copy of the order to the Appellant.

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iii) The parties further agree that they have no other claims of whatsoever manner against each other, either past, present or future.

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5 - NC: 2024:KHC:4322 RFA No. 615 of 2021

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iv) In view of the this agreement entered into between the parties, the parties pray that the Hon’ble High Court of Karnataka, be pleased to dispose of the Appeal bearing R.F.A. No.615/21, in terms of this agreement.

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v) The parties shall appear before the Hon’ble High Court of Karnataka, Bengaluru, for passing necessary orders in terms of the agreement.”

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The appeal is disposed of in terms of the memorandum of settlement extracted hereinabove. The office is directed to draw up the decree accordingly.

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Office is directed to return the court fee paid by the appellant, in favour of the appellant, after due verification.

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Sd/JUDGE

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List No.: 1 Sl No.: 33

M/S Clavetech Industrial Services v. M/S Ingersoll Rand (India) Ltd.

Case brief

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M/S Clavetech Industrial Services v. M/S Ingersoll Rand (India) Ltd.

Case brief

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