Mr. Kunhi Moosa Vs Sri. N. Ramesh

THIS COMAP / COMMERCIAL APPEAL IS FILED UNDER SECTION 13(A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING THAT TO SET ASIDE THE IMPUGNED JUDGMENT DATED 01-04-2024 IN COM OS NO.867/2023 PASSED BY LEARNED LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE BANGALORE (CCH-80) AT ANNEXURE A AND ET .,

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This appeal is filed challenging the judgment dated 01.04.2024 passed in Com.O.S.No.867/2023 by the LXXXVII Additional City Civil & Sessions Judge, Bengaluru (CCH-88).

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Sri.Naveed Ahmed, learned counsel appearing for the appellant submits that the appellant has agreed to settle the dispute with the respondents and accordingly the appellant has filed an affidavit/undertaking explaining the terms of settlement.

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HC-KAR

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Sri.R.S.Ravi, learned senior counsel appearing for

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the respondents submits that the amount which the appellant intends to pay in future days and if the appellant adheres to the undertaking before this Court, he has no objection to dispose of the appeal in terms of the affidavit/undertaking.

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Placing the submissions of the learned counsel for

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the parties on record, we have perused the affidavit of the appellant. For ready reference the clauses of the affidavit is extracted herein below:

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"I Kunimoosa S/O Kunimamu, Aged About 63 Years R/At Aniyram Post, Kannur Kerala - 670672, now at Bangalore do hereby solemnly affirm and state on oath as follows:

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1. I state that above noted appeal has been filed by the Appellant against the Judgment and Decree dated 01-042024 passed in Com.O.S. No.867/2023 by the Hon'ble Commercial Court at Bengaluru (CCH-80).

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2. I state that during the pendency of the appeal, the parties have amicably settled their disputes and arrived at a lawful compromise on the following terms and conditions:

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a) The Appellant has already deposited a sum of Rs.1,33,00,000/-(Rupees One Crore Thirty-Three Lakhs

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HC-KAR

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only) before this Hon'ble Court, which represents the arrears as on the date of filing of the Commercial Suit.

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b) The possession of the schedule property has been handed over to the Appellant in Feb-2025.

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c) With regard to the claim for damages, the parties have mutually agreed and settled the same for a total sum of Rs.1,25,00,000/-(Rupees One Crore Twenty-Five Lakhs only) to be paid by the Appellant to the Respondents in the following manner in favour of the 1st Respondent.

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i. Rs.40,00,000/- is paid by way of cheque bearing no.01204565 dated 15th December 2025 drawn at South Indian Bank Ltd. Peringathur in favour of Respondent No. 1.

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ii. Rs.40,00,000/- is paid by way of cheque bearing no.01204566 dated 15th January 2026 drawn at South Indian Bank Ltd. Peringathur in favour of Respondent No.2.

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iii. Rs.25,00,000/- is paid by way of cheque bearing no.01204567 dated 15th February 2026 drawn at South Indian Bank Ltd. Peringathur in favour of Respondent No.3.

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iv. Rs.20,00,000/- is paid by way of cheque bearing no.01204568 dated 15th February 2026 drawn at

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HC-KAR

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South Indian Bank Ltd. Peringathur in favour of Respondent No.4.

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v. Applicable GST for the said sum of Rs.1,25,00,000/- shall be payable by the Appellant to the concerned statutory authority and the receipt for having paid will be handed over to the Respondent No.1.

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d) I state that appellant shall file an application before the execution court within one week from today for return of attached properties and the respondent shall co-operate for return of the same in favour of the Appellant.

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e) I state that the parties agree that this compromise shall be full and final settlement of all their claims and disputes relating to the subject matter of the present appeal and the suit. Neither party shall have any further claim against the other arising out of the same transaction.

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f) The parties jointly pray that this Hon'ble Court may be pleased to record the above terms and dispose of the appeal and direct refund of the court fee paid by the Appellant in accordance with Section 69-A of the Karnataka Court Fees and Suits Valuation Act, 1958.

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Verified that what is stated above are true and correct to the best of my knowledge, information and belief."

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HC-KAR

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The terms of the affidavit appears to be reasonable

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and in accordance with law. Hence, the appeal is required to be disposed of in terms of the affidavit.

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Learned counsel for the appellant handed over four

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cheques to the learned counsel appearing for the respondents and he acknowledges the same.

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Learned counsel for the appellant, on instructions, submits that insofar as payment of GST with regard to the amount already deposited by the appellant referred in clause ii of the affidavit, he would pay the applicable GST.

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The said submission is placed on record.

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In view of the submissions made by the learned

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counsel for the parties, the appeal is disposed of in terms of the affidavit/undertaking filed by the appellant.

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It is needless to observe that if the appellant fail to adhere to the undertaking, the respondents are at liberty to seek appropriate proceedings including initiation of contempt.

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