M S Ramaiah Foundation Vs Sri D v Sadananda Gowda

M.S. RAMAIAH FOUNDATION A REGISTERED TRUST HAVING ITS OFFICE AT RIMS, NO.15, NEW BEL ROAD M.S. RAMAIAH NAGAR BENGALURU – 560 054 REPRESENTED BY ITS TRUSTEE SRI. M.R. PATTABHIRAM … APPELLANT

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(BY SRI.THRIMURTHY K.P. ADV.,)

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AND:

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SRI. D.V. SADANANDA GOWDA S/O SRI. VENKATAPPA DEVARAGUNDA GOWDA AGED ABOUT 70 YEARS R/AT. KAMALA, 2^ND CROSS LOWER BENDOOR, KANKANADY MANGALURU – 575 001

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ALSO AT: NO.186, ‘SADASMITHA’ 12^TH CROSS, 2^ND MAIN, 16^TH BLOCK DOLLARS COLONY RMV II STAGE, SANJAYNAGAR BENGALURU – 560 094 … RESPONDENT

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(BY SRI. S. RAJASHEKAR, Advocate for C/RESPONDENT)

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THIS COMAP/COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 08/12/2023 PASSED BY THE COURT OF THE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, (EXCLUSIVE DEDICATED COMMERCIAL COURT) AT

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NC: 2025:KHC:32820-DB COMAP No.46/2024

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HC-KAR

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BENGALURU (CCH-88) IN COM.O.S. NO.609/2022 DISMISS THE SUIT WITH COSTS, IN THE INTEREST OF JUSTICE.

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

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CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and

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HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

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Sri.M.R.Pattabhiram/Managing Trustee of the appellant

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Trust, respondent and both counsel are present.

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Records show that even before the Trial Court,

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Trust was represented by Sri. M.R.Pattabhiram. Parties are duly identified by their respective counsels.

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Parties submit Compromise Petition under Order

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XXIII Rule 3 read with Section 151 CPC.

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Heard the parties on the Compromise Petition.

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Parties admit the terms of execution of the

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compromise petition.

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The Compromise Petition reads as follows;

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Respondent had filed Com.O.S.No. 609/2022 before the Hon'ble Commercial Court, Bangalore for

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HC-KAR

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recovery of a sum of Rs.3,20,13,913/- against the appellant herein. The Hon'ble Commercial Court had decreed the suit for Rs.3,19,15,004/- with interest at the rate of 16% p.a. from July 2021 till the date of realisation, vide judgment dated 8/12/2023. The judgment and decree dated 8/12/2023 in Com O.S. 609/2022 is under challenge in this appeal.

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With the intervention of the well-wishers, common friends and the judicial intervention, Appellant and Respondent herein have come to a consensus to amicably settle the matter. Under the circumstances Appellant and Respondent have compromised the above case on the following terms and conditions:

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It is agreed between Appellant and Respondent that Appellant shall, in all, pay a sum of Rs.4,56,91,570/- (Rupees Four Crore Fifty Six Lakhs Ninety One Thousand Five Hundred and Seventy Only) to respondent in full and final settlement of the claim arising under the judgment and decree dated 8/12/2023 passed in Com.O.S.609/2022, including the amount of Rs.2,31,91,570/- deposited by Appellant before this Hon'ble Court vide D.D. No. 019827 dated 2/4/24 drawn in favour of The Registrar General, High Court of Karnataka, Bengaluru, drawn on HDFC Bank, New BEL Road, Bengaluru.

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Vide order dated 20/6/2024, this Hon'ble Court permitted Respondent to withdraw an amount of Rs.1,16,25,000/- from out of the amount of Rs.2,31,91,570/- deposited by Appellant before this Hon'ble Court. Further the balance amount deposited is ordered to be kept in a Fixed Deposit in a Nationalised Bank till further orders with auto renewal mandatory. Respondent has withdrawn the said amount of Rs.1,16,25,000/-. Appellant has no objection for the Respondent to withdraw the remaining amount of Rs.1,15,66,570/- deposited by them before this Hon'ble Court along with the accrued interest therein.

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The balance amount of Rs.2,25,00,000/- (Rupees Two Crore Twenty Five Lakhs Only) is paid by the

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HC-KAR

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appellant to respondent today vide D.D. No. 853101 dated 21/08/2025 drawn in favour of Sri D.V. Sadananda Gowda, the respondent herein, drawn on Bank of Baroda, Jalahalli, Bengaluru Urban-560054.

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Respondent acknowledges receipt of Rs. 2,25,00,000/- (Rupees Two Crore Twenty Five Lakhs Only) from appellant. Respondent has no claim whatsoever against the appellant under the judgment and decree dated 8/12/2023 passed by the Hon'ble Commercial Court, Bangalore in Com.O.S.No. 609/2022.

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There is no fraud, undue influence, coercion or force in arriving at this compromise and the compromise is for the benefit of both the parties.

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It is submitted that in view of the settlement arrived at between the parties, the entire court fee paid by the appellant may kindly be ordered be refunded to them.

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Wherefore the Appellant and the Respondent pray that this Hon'ble Court may be pleased to dispose off this appeal in terms of this compromise petition, to meet the ends of justice."

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7. Appellant's counsel hands over demand draft for a

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sum of Rs.2,25,00,000/- (Rupees Two Crore Twenty Five Lakhs Only) mentioned in para 5 of the compromise petition to the respondent. Respondent acknowledges receipt of the same.

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On hearing both side, Court is satisfied that the compromise is voluntary and admissible under law. Therefore, recording the same, Court passes the following;

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ORDER

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The appeal is allowed.

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NC: 2025:KHC:32820-DB COMAP No.46/2024

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HC-KAR

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The impugned judgment and decree dated 08.12.2023 passed in Com.O.S.No.609/2022 on the file of LXXXVII Addl. City Civil and Sessions Judge, Bengaluru, is hereby set aside.

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The suit in Com.O.S. No.609/2022 on the file of LXXXVII Addl. City Civil and Sessions Judge, (Exclusive Dedicated Commercial Court) at Bengaluru is hereby decreed in terms of the compromise petition.

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Draw decree accordingly.

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Registry shall digitally release the amount in deposit with accrued interest to the respondent.

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The entire Court fee shall be refunded to the appellant.

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Sd/(K.S.MUDAGAL) JUDGE

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Sd/(M.G.S. KAMAL) JUDGE

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RU, List No.: 3 Sl No.: 11

M S Ramaiah Foundation v. Sri D v Sadananda Gowda

Case brief

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M S Ramaiah Foundation v. Sri D v Sadananda Gowda

Case brief

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