M/S Elite Automobiles Pvt. Ltd. Vs Expressions

M/S ELITE AUTOMOBILES PVT. LTD. A PRIVATE LIMITED COMPANY WITH OFFICE AT NO. 97/1A, SINGASANDRA VILLAGE, HOSUR ROAD, BENGALURU - 560 068. ALSO AT: NO.40, PRESTIGE TUDOR COURT, LAVELLE ROAD, BENGALURU - 560 001. 2. GURJIT SINGH AGE: MAJOR, S/O NOT KNOWN, MANAGING DIRECTOR, M/S ELITE AUTOMOBILES PVT. LTD., OFFICE AT NO. 97/1A, SINGASANDRA VILLAGE, HOSUR ROAD, BENGALURU - 560 068. ALSO AT: NO.40, PRESTIGE TUDOR COURT, LAVELLE ROAD, BENGALURU - 560 001.

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…APPELLANTS

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(BY SRI. ABHIRUP PAUL BANGARA, ADVOCATE)

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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AND:

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EXPRESSIONS A PROPRIETORSHIP CONCERN WITH ITS OFFICE AT: NO.12/5, RAMAIAH GARDENS, CHIKKADUGODI, DHARMARAM COLLEGE POST, BENGALURU - 560 029. REP. BY ITS PROPRIETOR, SRI. PAUL TOM.

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…RESPONDENT

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(BY SRI. .,ADVOCATE)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 12^TH AUGUST, 2024 PASSED IN ORIGINAL SUIT NO.4299 OF 2017 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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

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CORAM: HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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ORAL JUDGMENT

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This appeal is by the defendants in Original Suit No.4299 of 2017 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru (for short, hereinafter referred to as 'Trial Court'), challenging the judgment and decree dated 12^th August, 2024,

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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wherein the suit filed by the respondent-plaintiff for recovery of money was decreed in-part and direction was issued to the appellant/defendants to pay sum of Rs.5,67,679/- together with the interest at 12% per annum from the date of institution of suit till the date of decree.

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Learned counsel for appellants is physically present while, the appellant No.2, who is the Managing Director of the appellant No.1 has appeared through video conference.

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Learned counsel for the respondent along with the Proprietor of the respondent-firm are physically present before the Court.

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Both the appellants and respondent have jointly filed the memorandum of compromise petition, which reads as under:

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"MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

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The Appellants and the Respondent jointly submit as follows:

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1. The Appellants filed the above appeal against the Judgment and Decree dated 12.08.2024 ("Impugned Judgment and Decree") passed in OS No.4299/2017 (the "Suit" ) by the Hon'ble LXVI Addl. City Civil and Sessions Court (CCH-67), at Bengaluru (" Trial Court ").

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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2. The Suit was filed by the Respondent against the Appellants for the recovery of money of a sum of Rs.7,73,943/- (Rupees Seven Lakh Seventy Three Thousand Nine Hindered and Forty Three only) along with 12% interest.

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3. Vide the Impugned Judgment and Decree, the Respondent was awarded a sum of Rs.5,67,679/(Rupees Five Lakh Sixty Seven Thousand Six Hundred and Seventy Nine only).

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4. The Respondent has also filed EX. No.2047/2024 to execute the Impugned Judgment and Decree, and the same is currently pending before the Trial Court.

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5. During the pendency of the above proceedings, with the intervention of the Hon'ble Court, the Appellants and the Respondent have decided to amicably resolve and settle the dispute between them on the terms set out below:

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(i) The Appellant No.1 shall pay the Respondent a sum of Rs.6,66,666/- (Rupees Six Lakh Sixty Six Thousand Six Hundred and Sixty Six only) towards full and final settlement of all claims of the Respondent against both the Appellants in OS No.4299/2017.

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(ii) The Appellant NO.1 shall pay the said sum of Rs.6,66,666/Rupees Six Lakh Sixty Six Thousand Six Hundred and Sixty Six only) through cheque in two equated monthly installments, the details of which are captured in paragraph No.5(iii).

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(iii) Below are the details of the payments to be made to the Respondent in terms of this Compromise Petition. Al cheques are drawn in favour of "Expressions" on State Bank of India, SBI INCUBE BRANCH, Bengaluru and the details of the cheques (subject to realization) and payment are captured below:

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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*Sl.* *No.*	*CHEQUE* *NO.*	*DATE*	*AMOUNT*
1.	199724	10.07.2025	Rs.3,33,333/-
2.	199725	10.08.2025	Rs.3,33,333/-

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6. All the above cheques have been handed over to the Respondent, who acknowledges receipt of the same by affixing his signature to this Compromise Petition.

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7. The Respondent is at liberty to present the aforesaid cheque/s on or after the respective due dates and to encash the same.

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8. In case of dishonour of the cheque(s) mentioned at paragraph No.5 (iii), the amount dishonoured shall be paid with 18% simple interest per annum from the date of dishonour till date or realization.

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9. The Respondent shall not make any further / other or new claims against either / both the Appellants and acknowledges that the sum of Rs.6,66,666/- (Rupees Six Lakh Sixty Six Thousand Six Hundred and Sixty Six only) payable as described above shall constitute the full and final settlement of all claims of the Respondent against both the Appellants and / or any person/s related to them in OS No.4299/2017. This payment shall constitute a valid discharge by both the Appellants of all liabilities of whatever nature and kind towards the Respondent.

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10. The Respondent agrees to file this Compromises Petition in Ex. No.2047/2024 have the same disposed of in terms of this Compromise Petition.

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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11. This Compromise Petition has been executed solely with the view to amicably resolve and settle the dispute between the Parties and to put an end to the present litigation, and is not an admission of liability for any claims, or fault on the part of the Appellants or any other person or entity related to them.

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12. This Compromise Petition is binding on all the successors and/or assigns, of the Appellants and the Respondent, including anyone claiming through or under them.

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WHEREFORE the Appellants and Respondent pray that, the above case may kindly be decreed in terms of this Compromise Petition in the interest of justice and equity."

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In view of the aforesaid facts and circumstances and settlement arrived at between the parties, I deem it just and appropriate to modify the impugned judgment and decree passed by the Trial Court and dispose of the present appeal in terms of the compromise entered into between the parties.

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In the result, I pass the following:

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O R D E R

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1. Regular First Appeal is disposed of in terms of the joint memorandum of compromise petition filed by the appellants and the respondent;

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1. The impugned judgment and decree dated 12^th August, 2024 passed in Original Suit No.4299 of

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NC: 2025:KHC:9758 RFA NO.2752 OF 2024

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2017 on the file of the LXVI Additional City Civil and Sessions Judge, Bengaluru is hereby modified in terms of the settlement entered into between the parties as per the aforsaid memorandum of compromise petition;

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Registry of this Court is directed to refund the entire court fee paid on the memorandum of appeal back to the appellant/defendants immediately without any further delay;

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1. It is also directed that the Trial Court shall refund the entire court fee paid on the memorandum of plaint back to the respondent/plaintiff immediately without any further delay.

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SD/(S.R. KRISHNA KUMAR) JUDGE

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ARK List No.: 1 Sl No.: 13

M/S Elite Automobiles Pvt. Ltd. v. Expressions

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M/S Elite Automobiles Pvt. Ltd. v. Expressions

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