Disposed

M/S. Dhariwal Bros v. Smt. Sariojini Devi Dhariwal

Telangana HC4 Nov 2020CCCA/127/2018

Case brief

AI extract

What is this about?

The High Court disposed of C.C.C.A. No. 127 of 2018 in terms of a settlement award passed by the Lok Adalat on 08.02.2020, which recorded a compromise between the appellant and respondent No. 1 regarding the underlying civil suit.

What did the court decide?

The appeal was disposed of in terms of the Lok Adalat award dated 08.02.2020; court fee refunded; no order as to costs.

M/S. Dhariwal Bros Vs Smt. Sariojini Devi… — Contract and Commercial Disputes | Telangana HC (2020)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

WEDNESDAY, THE FOURTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY

¶4

PRESENT

¶5

THE HONOURABLE JUSTICE G, SRI DEVI

¶6

CITY CIVIL COURT APPEAL NO: 127 OF 2018

¶7

Appeal filed Under Section 96 R/w Rule 41 (1) CPC aggrieved by the Judgement and Decree made in O.S .No. 57112007 dated 30.01.2018 on the file of the Court of the ll Additional Chief Judge, City Civil Court, Hyderabad.

¶8

Between.

¶9

N4/S. DHARIWAL BROS, Rep by its Prop. Sri Dilip Kumar Dhariwal, S/o. Bansila Dhariwal, aged 60 years, Occ. Business, R/o. 16-1 1-3101141111, Saleemnagar Colony, lValakpet, Hyderabad-50001 2.

¶10

.,,APPELLANT/DEFENDANT NO.1

¶11

AND

¶12

1 SMT. SARIOJINI DEVI DHARIWAL, W/o. Sri Rajender Kumar Dhariwal, aged 52 years, Occ. House hold, R/o. H.No. 3-5-1092121D, Venkateshwara Colony, Narayanaguda, Hyderabad-S0001 2.

¶13

DIST IVANAGER, MRF LIMITED, 5-8-32812, Chapal Road, Hyderabad

¶14

(Respondent No 2 is not necessary pady)

¶15

RESPONDENTS

¶16

Counsel for the Appellant SRI T, V, RAJEEVAN Counsel for the Respondent No.1 SHRI BAJRANG SING TAKUR

¶17

The Court made the following: JUDGTVENT

¶18

C.C.C.A.No.127 of 2018

¶19

HON'BLE JUSTICE G. SRI DEVI

¶20

JUDGMENT

¶21

Pursuant to a settlement arrived at between the parties, the Lok Adalat, Hyderabad, passed the following award on 08.02.2020 :

¶22

The appellant M/s. Dhariwal Bros., represented by Sri Dilip Kumar Dhariwal, is present along with his counsel Mr.T.V.Rajeevan. The respondent No.1 Smt.Sarojini Devi Dhariwal is present along with her counsel Mr.Bajrang Singh Thakur.

¶23

Both parties have stated that the dispute relating to the subject matter of the appeal is amicably resolved and both parties have entered into a compronise ancl tliat an application l.A.No.2 of 2019 is also filecl for recording the compromise, duly enclosing the Memorandum of Cornpromise setting ollt the terms ol'comprorrise.

¶24

The terms of the compromise are read over and explained to both parties in their vernacular language and they admitted them to be true and correct.

¶25

The respondent No.1 further stated before the Lok Adalath that she has already received the amount of Rs.6,19,331.26 Ps transferred by the appellant through RTGS to her account bearing No.8012539440, Kotak Bank, Abids Branch, Hvclerabad on 14.11.2019. She further stated that she has no objection for the appellant rvithdrarvrng the amount of Rs.12,26,350/- with accrued interest lving in deposit to the credit of O.S.No.571 of 2007 on the file of the Il-Additional Chief Judge, City Civil Court, Hyderabad, as per the terms of the compromlse

¶26

¶27

Accordingly, the compromise is recorded as per the terms set out in the Memorandum of Compromise.

¶28

The award is passed accordingly duly recording the compromise and the appeal CCCA.No.127 of 2018 stands disposed of in terms of the compromise. The compromise petition I.A.No.2 of 2019 as also the Memorandum of Compromise shall be appended to and shall form part of the arvard.

¶29

The matter rray be placed before the High Cor,rrt for passing the final orders regarding the disposal.

¶30

B. Thc partic's are informed that the court fee, if any, paid by any of thern shall be refunded.

¶31

No order as to costs of appeal.

¶32

In view of the award dated 08.02.2020, passed by the Lok Adalat,

¶33

Hyderabad, this appeal is disposed of in terms of the award.

¶34

Consequently, pending miscellaneous petitions, lf any, shall stand

¶35

closed.

¶36

SD/-K. SRINIVAS RAO DEPUTY REGI R

//TRUE COPYII

SECTION OFFICER

To,

The ll Additional Chief Judge, City Civil Court, Hyderabad.

¶41

One CC to SRt T. V. RAJEEVAN Advocate tOpUCl 3 One CC to SRt SHR| BAJRANG S|NG TAKUR Advocate tOpUCl

¶42

(appended lA. No.2 and lr,4emorandum of compromise to this order before dispatch of the copy)

¶43

Two CD Copies

¶44

Encl:-

¶45

Copy of Lok Adatath Award Dated OBlO2t 2O2O-11_07 in CCCA.No.12712018.

HIGH COURT

DAf EDO411112020

JUDGIVENT

CCCA.No.127 of 2018

,1
1 H E s TA
k
{)o 12 ilW 2020
a
* *
r-t.,S PA'!- H

¶52

DISPOSING OF THE CCCA

¶53

IN TERIVS OF LOK ADALATH AWARD

¶54

fr;t
p/
lo

¶55

BEFORE THE LOK ADALAT

¶56

HELD AT T'YDERABAD

¶57

[Orgonized^{by High Court Legol Services Committee} High Court for lhe Slote of Telongono

¶58

Under Seclion l9 of the Legol Services Aulhorilies Acl, 1987 (Cenkol Acl)l

¶59

C.C.C.A. No.'I27 of 2018

¶60

(Before lhe Hon'ble High Court)

¶61

(ogoinst lhe order possed in O.S. No.57l of 2007 on the Iile of Il Additionol Chiel Judge, City CiYil Courl, Hyderobod)

¶62

Appellont/ Defendont No. I M/s Dhoriwol Bros., rep. by its Prop.Sri Dilip Kumor Dhoriwol s/o Bonsilol Dhoriwol, oged 60 yeors, Occu: Business, R/o l6-l 1-310/1411/1, Soleemnogor Colony, Molokpet. Hyderobod - 500 01 2.

¶63

Respondenls/defendonls I Sml.Sorojini Devi Dhoriwol, w/o Sri Rojender Kumor Dhoriwol Aged 52 yeors. Occu: House hold R/o H.No.3-5-l 0921 2l D, Venkoteshworo Colony, Noroyonogudo, Hyderobod - 500 0l 2. l F

¶64

H c H C l F
L rJ l( D A I T
a,1

¶65

2 Dislrict Monoger, MRF Limited, 5-8-32812, Chopel Rood, Hyderobod (Respondent No,2 is not necessory porty)

¶66

INo.^{of proceedingsof lhe High CourtLegolServicesCommittee:} ORDER ROC.No.232lHCLSC/2020, Doted 06-02-20201

:: Presenl ::

Nome of Choirmon

Nome of Members

: Hon'ble Sri Juslice G.V.Seethopothy, Judge, High Court of Andhro Prodesh^(Relired)

¶71

: (1) Dr.K.Sotyonoroyono Roo, Advocote, High Court for lhe Slote of Telongono^.

¶72

(2) Sri K.Venkoto Simhodri, Advocole High Court for the Stole of Telongono/ Sociol Worker.

¶73

AWARD

¶74

The dispute between the^porlies hoving been^{referred for} determinotion 1o the LOK^ADALAT ond^{the porties hovingcompromised} the cose / molter, the following Aword^{is possed in terms of the} selilement:

¶75

l. The oppellont M/s Dhoriwol^{Bros., represented by Sri Dilip} Kumor Dhoriwol, is^present olong^{wiih his counsel} Mr.T.V.Roieevon. The respondent^{No.1 Sml.SorojiniDevi} Dhoriwol is present olong^{with her counsel Mr'BojrongSingh} Thokur.

/ls/lP-

chairman/Member u

Both porties hove stoled thot the dispute reloting to the subject motter of the oppeol is omicobly resolved ond boih porties hove entered into o compromise ond thot on opplicotion l.A.No.2 of 2019 is olso filed for recording the compromise, duly enclosing the Memorondum of Compromise setting out the terms of compromise.

¶80

The terms of the compromise ore reod over^qnd exploined to both porties in their vernoculor longuoge ond they odmitted them 1o be true ond correct.

¶81

The respondent No.1 further stoted before the Lok Adqloth thol she hos olreody received the omounl of Rs.6,19,331.26 Ps lronsferred by the oppellont lhrough RTGS to her occount beoring No.8012539440, Kotok Bonk, Abids Bronch, Hyderobod on 14.11.2019. She further stoied fhot she hos no objection for the oppellont withdrowing the omount of Rs.12,26,3501- wilh occrued inierest lying in deposit to the credit of O.S.No.571 of 2007 on the file of the ll-AdditionolChief Judge, City CivilCourt, Hyderobod, os per the terms of the compromise.

¶82

Accordingly, the compromise ls recorded os per the ierms set out in the Memorondum of Compromise.

¶83

The^qword is possed occordingly duly recording the compromise ond the oppeol CCCA No.l27 of 2018 slonds disposed of in terms of the compromlse. The compromise pelition l.A.No.2 of 2019 os olso ihe Memorondum of Compromise sholl be oppended io ond sholl form pori of the oword.

¶84

The molter moy be^ploced before the High Couri for^possing the finol orders regording the disposol.

¶85

B. The porties ore informed ihot the court fee, if ony.^poi<l by ony oi them sholl be ref unded.

¶86

9, No order os lo costs of oppeo

¶87

/<br>)> -.--,-- luro;1,v U, .t Utt., ,, ..,.(
Appello ntl Defend onl No.l Respondenl No. 1 /Plointiff
{
ounse r Appellenfl Cou nsel es p o n d e nt/ P loin I iff
Def onl No.'l
/L $,
Choirmon Metnber
..i,.r
Doie: 08.02.2020
}I,IGH COIJR T
(se I AP,.bB-Tfn t e)
Cirarirman/Member

M/S. Dhariwal Bros v. Smt. Sariojini Devi Dhariwal

Case brief

What is this about?

What did the court decide?

M/S. Dhariwal Bros v. Smt. Sariojini Devi Dhariwal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Orsu Velangi Raju Vs T. ChittiBabu

P Laxma Reddy (Died) Vs G. Bhujendar Reddy

Hyderabad Grammar School Vs Sri. Shareefuddin Afzal

M/s. K.B.Patel and Company Vs Sri VittalRao

Botturi Ravi Vs Syed Javid and Another

M.A. Razak Vs Syed Javid and Another