Shiva S/O Govind Naik, Vs Hindustan Unilever Ltd.

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NC: 2025:KHC-D:11611 RFA No. 100071 of 2016

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 09^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100071 OF 2016 (DEC/PAR-)

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BETWEEN:

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SHIVA S/O GOVIND NAIK, AGE: 74 YEARS, OCC: BUSINESS, R/O: NAIK BUILDING, DEENABANDU COLONY, KARWAR ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580029.

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&APPELLANT

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(BY SRI. MAHANTESH R. PATIL, ADV)

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AND:

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HINDUSTAN UNILEVER LTD. PLOT NO.125 AND 126, KIADB INDUSTRIAL AREA, BELUR, DHARWAD, TQ & DIST: DHARWAD-580011.

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HINDUSTAN UNILEVER LTD. NO.165 AND 166 BACKBAY RECALMATION, MUMBAI, TQ & DIST: MUMBAI, STATE: MAHARASHTRA-400020.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.11 12:09:15 +0530

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THE REGIONAL MANAGER, HINDUSTAN UNILEVER LTD., NO.101 SANTHOME HIGH ROAD, CHENNAI STATE: TAMIL NADU-600028.

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MR. VARDHARAJAN SENIOR EXECUTIVE, LOGISTICS, HINDUSTAN UNILEVER LTD. NO.101 SANTHOME HIGH ROAD, CHENNAI STATE: TAMIL NADU-600028.

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&RESPONDENTS

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(BY SRI. HARSH DESAI, ADV FOR R1 TO R3, NOTICE TO R4 IS SERVED)

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NC: 2025:KHC-D:11611 RFA No. 100071 of 2016

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HC-KAR

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THIS RFA IS FILED U/SEC.96 AND R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.09.2015 PASSED IN O.S.NO.116/2010 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, HUBBALLI, PARTLY DECREEING THE SUIT FILED FOR DAMAGES.

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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The Appellant is physically present before the

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Court.

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respondent-Company is present virtually. The parties are identified by their respective counsel.

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A compromise petition has been filed by the

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parties, which reads as follows:

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1) Shiva Naik/Plaintiff had instituted OS No.116 of 2010 in the Court of the III Additional Senior Civil Judge at Hubballi seeking damages against the Respondents herein. After contest, the suit was decreed on 14.09.2015 awarding Rs.2,84,000-00 with interest at 9% per annum from the date of Suit till realization.

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3 - NC: 2025:KHC-D:11611 RFA No. 100071 of 2016

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HC-KAR

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Said to be aggrieved, Plaintiff has preferred this Regular First Appeal.

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2) Upon hearing and appreciating the rival contentions, this Hon9ble Court felt that there exists an element of settlement which may be mutually acceptable to the parties, and adjourned the matter to 04.09.2025 enabling the parties to explore the possibility of settlement. On the said date, upon the advice of wellwishers and authorized representatives of the Defendants so present, the parties resolved to amicably settle lis between them.

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3) Accordingly, the terms of compromise are as under;

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a) Defendants/Respondents herein hereby agree to pay a sum of Rs.5,00,000-00 (Rupees Five Lakh only) with interest at 6% per annum from the date of the suit i.e. 02.07.2010 till the date of realization, in substitution of the decretal amount of Rs.2,84,000-00 with 9% interest as awarded by the Trial Court. The said amount shall be paid to the Plaintiff/Appellant on or before 13.10.2025.

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b) For purposes of calculation, Rs.5,00,000-00 at 6% per annum for the said period i.e. from 02.07.2010 to 13.10.2025 makes the total payable sum by the Respondents herein to Rs.9,59,534-00 (Rupees Nine Lakhs FiftyNine Thousand Five Hundred and Thirty Four only).

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c) Such payments shall be made by demanddraft / cheque in favour of plaintiff / Appellant herein on or before 13-10-2025. Upon receipt such payment, the Appellant shall duly acknowledge the same.

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d) On payment of the said sum of Rs.9,59,534-00 (Rupees Nine Lakhs Fifty-Nine Thousand Five Hundred and Thirty

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NC: 2025:KHC-D:11611 RFA No. 100071 of 2016

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HC-KAR

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Four only) to the Plaintiff / Appellant, Defendants / Respondents herein shall have no further liability / obligation of whatsoever nature towards the Plaintiff / Appellant in respect of the subject matter of OS No.116 of 2010 or the present appeal, and the impugned judgment and decree dated 14-09-2015 shall be deemed to have been fully satisfied.

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e) However, in the event Defendants / Respondents herein fails to pay the said total sum of Rs.9,59,534-00 (Rupees Nine Lakhs Fifty-Nine Thousand Five Hundred and Thirty Four only) to the plaintiff / Appellant herein on or before 13-10-2025, this compromise shall be executable at once with costs in accordance with law, and the Defendants / Respondents herein shall not claim any equities against the same.

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4) The parties have no other claim whatsoever against each other. Since the dispute is amicably resolved, Plaintiff / Appellant herein shall be entitled for refund of the entire Court-fee paid on the Memorandum of Regular First Appeal.

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5) Subject to the above-mentioned terms and conditions, the impugned Judgment and decree dated 14.09.2015 passed by the Court of the III Additional Senior Civil Judge at Hubballi in OS No.116 of 2010 may be suitably modified by this Hon9ble Court.

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6) Wherefore it is most humbly prayed that this Hon9ble Court may be pleased to accept the compromise, modify the decree in OS No.116 of 2010 and dispose of this Regular First Appeal as having been settled between the parties in the terms mentioned above, in the interest of justice.

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HC-KAR

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The contents of the compromise petition are read over and explained to the parties in the language known to them. They have accepted the terms and conditions mentioned in the compromise petition, and accordingly, prays to dispose of the appeal in terms thereof.

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