Veena Jenifer Sequeira Vs M/S Architecture Plus

VEENA JENIFER SEQUEIRA D/O LATE APHONES SEQUEIRA AGED ABOUT 40 YEARS R/AT SEQUEIRA COMPOUND GOLTHAMAJALU VILLAGE & POST BANTWAL TALUK DAKSHINA KANNADA DISTRICT 3 574 143. &APPELLANT

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(BY SRI. ROHITH B J., ADVOCATE)

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AND:

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M/S ARCHITECTURE PLUS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT IN FIRM NO.DKM.F.138/2013-14 BEFORE THE REGISTRAR OF FIRMS D K MANGALORE HAVING ITS OFFICE AND MAIN PLACE OF BUSINESS AT NO.34 D.NO.15-8-441/34 1^ST FLOOR, YENEPOYA MALL KADRI ROAD, MANGALORE - 3 REPTD BY ITS MANAGING PARTNER MR. SADANANDA NAYAK KUMBLE AGED ABOUT 40 YEARS

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Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA

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NC: 2026:KHC:21402-DB COMAP No. 504 of 2022

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HC-KAR

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S/O MR. PUNDALIKA RAMANATH NAYAK R/AT MALLIKANTTA, KADRI MANGALORE 3 575 002.

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MR. STEEVAN SEQUEIRA S/O ALPHONESE SEQUEIRA AGED ABOUT 49 YEARS

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MR. APHONES SEQUEIRA (SINCE DEAD) S/O LARDU SEQUEIRA AGED ABOUT 80 YEARS SINCE DEAD BY LRs

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3a). SMT MONTHI SEQUEIRA W/O LATE APHONES SEQUEIRA AGED ABOUT 74 YEARS

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3b). WILLIAM SEQUEIRA S/O LATE APHONES SEQUEIRA AGED ABOUT 46 YEARS

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3c). FRANCIS SEQUEIRA S/O LATE APHONES SEQUEIRA AGED ABOUT 44 YEARS

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3d). VEERA SEQUEIRA D/O LATE APHONES SEQUEIRA AGED ABOUT 40 YEARS

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3e). RONI SEQUEIRA D/O LATE APHONES SEQUEIRA AGED ABOUT 38 YEARS

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ALL OF THEM ARE R/AT SEQUEIRA COMPOUND GOLTHAMAJALU VILLAGE & POST BANTWAL TALUK

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DAKSHINA KANNADA DISTRICT 3 574 143.

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&RESPONDENTS

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(BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE FOR R1;

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NC: 2026:KHC:21402-DB COMAP No. 504 of 2022

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HC-KAR

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VIDE ORDER DATED 16.01.2023, NOTIE TO OTHER RESPONDENTS DISPENSED WITH)

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THIS COMAP IS FILED UNDER SECTION 13(1) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO A) SET ASIDE THE JUDGEMENT AND DECREE DATED 25.01.2022 PASSED IN COM.O.S.NO.146/2021 ON THE FILE OF HON9BLE I ADDL. DISTRICT JUDGE & COMMERCIAL COURT D.K., MANGALURU., IN THE INTERESTS OF JUSTICE; C) FOR SUCH OTHER AND FURTHER RELIEF AS DEEMED FIT UNDER THE CIRCUMSTANCES OF THE CASE.

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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

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&

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU)

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The present appeal seeks to challenge an order dated

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25.01.2022. By the Impugned Order, a suit has been decreed for a sum of Rs.33,08,102/- along with interest at 12% p.a.

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During the course of proceedings, the learned counsel for the parties have amicably resolved their disputes and in pursuance thereof, they have filed an application under Order XXIII Rule 3 of CPC, 1908 before this Court.

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NC: 2026:KHC:21402-DB COMAP No. 504 of 2022

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HC-KAR

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In terms of the settlement, the appellant has agreed to make payment in the sum of Rs.30,00,000/- in full and

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final settlement of all disputes between the parties.

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The salient features of the agreement are set out below:

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< 3. Under the negotiated settlement, the appellant has agreed to pay and the 1^st respondent/plaintiff has agreed to receive a total sum of Rs.30,00,000/- (Rupees Thirty Lakhs only) in full and final satisfaction of all its claims in respect of the suit transaction and the impugned judgment and decree in Commercial O.S. No.146/2021.

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4. Out of the said settlement amount, a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) has already been paid by the appellant to the 1^st Respondent in terms of the interim order of this Hon'ble Court dated 16.01.2023, which amount is acknowledged by the 1^st respondent.

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5. The appellant agrees and undertakes to pay the balance sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) in the following manner:

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(a) A further sum of Rs.10,00,000/- will be paid to the 1^st Respondent on or before 31.05.2026; and

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(b) The remaining sum of Rs.10,00,000/- will be paid to the 1^st Respondent on or before 30.06.2026.

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Upon receipt of the aforesaid entire settlement amount, the 1^st respondent/plaintiff shall treat the decree as fully satisfied and shall not initiate or continue any execution proceedings to execute the impugned decree. The 1^st Respondent states that, on such payment of settlement amount, it has no other or further claims against the Appellant or other defendants.

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NC: 2026:KHC:21402-DB COMAP No. 504 of 2022

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HC-KAR

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6. It is specifically agreed that if the appellant commits default in payment of either of the above instalments within the stipulated time, the compromise recorded herein shall automatically stand cancelled without further reference to this Hon'ble Court, and the Judgment and Decree dated 25.01.2022 passed in Commercial O.S. No.146/2021 shall stand revived in full force. In such event, the 1^st respondent/plaintiff shall be at liberty to execute the decree against all the defendants for the entire decretal amount together with accrued interest and costs, after giving credit to the sum already received.

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7. The parties submit that this compromise has been entered into voluntarily, of their own free will and consent, without any coercion, undue influence, fraud or misrepresentation.=

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The learned counsel for the appellant submits that the appellant has undergone a medical procedure and has thus not been able to appear before the Court and has given a Power of Attorney to her brother, who is also a party in

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the original suit and who is present before the Court.

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