M/S Abhayahastha Multi Speciality Hospital Pvt. Ltd. v. Varsha Chettri
Case brief
What is this about?
Karnataka HC Commercial Appeal (COMAP) No. 335 of 2022, decision dated 10.10.2025, neutral citation NC: 2025:KHC:40200-DB. Consent/mediation-based disposal of a commercial appeal against a money decree in Com.O.S.No.511/2021. Parties: M/s Abhayahastha Multi Speciality Hospital Pvt Ltd and Dr Avinash Sherkane (appellants) v. Varsha Chettri, proprietor, M/s Wavelength Interiors (respondent). Terms: full-and-final settlement of Rs.56,00,000/-; part payment of Rs.29,18,720/- from Court deposit released to respondent; balance Rs. 26,81,280/- by 20.12.2025; default clause restoring decreetal amount Rs.53,06,762/- with 10% p.a. interest from date of decree plus court fee Rs.2,08,261/-. Useful for research on settlement/mediation disposals and enforceable default clauses in memoranda of settlement before the Commercial appellate side.
What did the court decide?
Appeal disposed of in terms of the memorandum of settlement: (i) Appellants to pay Respondent Rs.56,00,000/- in full and final settlement; (ii) Respondent entitled to withdraw Rs.29,18,720/- deposited before this Court, treated as part payment - deposit directed to be released in her favour by the Registry; (iii) balance of Rs. 26,81,280/- payable within 3 months i.e. 20.12.2025; (iv) on default, Appellants liable for the decreetal amount of Rs.53,06,762/- with interest @ 10% per annum from date of decree plus court fee of Rs.2,08,261/-; (v) Registry to draw decree in terms of the memorandum of settlement.