M/S Hoyasala Selections Vs M/S Associate Inc. (India)

M/S ASSOCIATE INC (INDIA) NO. 29/1, 72^ND CROSS, 17^TH 'E' MAIN ROAD, RAJAJINAGAR, 5^TH BLOCK, BENGALURU - 560010. (BY SRI.RAGHAVENDRA C., ADVOCATE FOR CAVEATOR/RESPONDENT )

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&APPELLANT

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&RESPONDENT

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2 - NC: 2026:KHC:18048 RFA No. 2153 of 2023

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HC-KAR

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.09.2023 PASSED IN OS NO.4644/2017 ON THE FILE OF XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, 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 R. NATARAJ

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ORAL JUDGMENT

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The appellant has challenged the judgment and decree dated 15.09.2023, passed by the XI Additional City Civil and Sessions Judge, Bengaluru City, in O.S.No.4644/2017.

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When this appeal is listed for orders, it is brought to the notice of the Court that the parties were referred to mediation and a settlement was arrived at before the Mediation Centre, the terms of which are as follows:

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"MEMORANDUM OF SETTLEMENT UNDER SECTION

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89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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I. The Appellant/Defendant filed the above appeal challenging the judgment and decree dated

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3 - NC: 2026:KHC:18048 RFA No. 2153 of 2023

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HC-KAR

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15.09.2023 passed by the XI Additional City Civil and Sessions Judge, Bengaluru City in O.S.No.4644/2017 wherein the suit filed by the Respondent/ Plaintiff for recovery of sum of Rs. 4,83,971/- (Rupees Four Lakhs Eighty Three Thousand Nine Hundred Seventy One Only) along with 10% Interest per annum on the principal sum from the date of suit till realization.

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II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant is Represented by its proprietor Sri.M.J.Sreeram along with his advocate and the Respondent is represented by its proprietor Sri.Mahendra Kumar along with his Advocate were present and identified each other and they have agreed to resolve their dispute and have agreed to the following terms and conditions:

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1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into consideration the duration of the litigation with uncertainty of the result and the litigation expenses.

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2. The Appellant/Defendant has agreed to pay a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) as full and final settlement of all the claims Respondent/Plaintiff inclusive the amount of Rs.3,00,000/- which was deposited in the before this Hon'ble Court. The Respondent/Plaintiff has agreed and accept the said amount as full and final

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NC: 2026:KHC:18048 RFA No. 2153 of 2023

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HC-KAR

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settlement all its claims against Appellant/Defendant.

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3. The Appellant/Defendant has agreed to pay the agreed amount of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) to the Respondent/Plaintiff in the following manner:

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a) A sum of Rs.3,00,000/- (Rupees Three Lakhs Only) which is in deposit of this Hon'ble Court may be released in favour of the Respondent/Plaintiff herein and interest accrued if any shall be released in favour of the Appellant/Defendant.

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b) The Appellant/Defendant shall pay the remaining balance Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) to the Respondent/Plaintiff on or before 05.05.2026 by way of online transfer/demand draft, Respondent/Plaintiff has agreed.

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4. The Respondent/Plaintiff does not have any claim against the Appellant/Defendant apart from the amount aforementioned. Both the parties state that they have entered in to this agreement on their own and there is no coercion or force from any one.

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5. Both the parties agree to the terms and conditions mentioned supra. In case of default of payment by the Appellant/Defendant to the Respondent/ Plaintiff as aforementioned, the

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5 -

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NC: 2026:KHC:18048 RFA No. 2153 of 2023

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HC-KAR

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Appellant/Defendant has agreed to pay the entire decreetal amount passed in O.S.No.4644/2017.

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6. In view of the settlement arrived at, the parties pray that the court fee paid on the memorandum of appeal be refunded to the Appellant/Defendant for which the Respondent/Plaintiff has no objection.

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7. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this into this compromise in the aforesaid manner.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders disposing off the above appeal in terms of this agreement.

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IV. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement."

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Since the settlement is just and proper, the

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settlement is accepted and the appeal is disposed of in terms of the agreement entered into before the Mediation Centre.

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Office is directed to refund the Court fee in accordance with the judgment of the Hon'ble Apex Court in High court of Judicature at Madras vs. M.C.Subramaniam

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