IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.1473 OF 2014 c/w.
R.F.A.No.1474 OF 2014 R.F.A.No.1473 OF 2014 BETWEEN:
Mr. G. Siddappa, S/o. Late Giriyappa Aged about 58 years, Proprietor, M/s. Vinumac No.205A, 3rd Phase, Peenya Industrial Area Bangalore – 560 058.
(By Sri.K.N. Puttegowda, Advocate) AND:
1. M/s. Concept Hydro Pneumatic Pvt.Ltd.
No.33B, IInd Phase, Peenya Industrial Area, Bangalore – 560 058.
Rept by its Director/Officer in charge, Mr. R.L. Raveesh, S/o. T. Ranganna Aged about 40 years.
…Appellant 2. Sri. V. Gunashekar, Aged about 49 years, S/o.S.K. Vayyapuri, M/s. Concept Hydro Pneumatic Pvt.Ltd. No.33B, IInd Phase, Peenya Industrial Area, Bangalore – 560 058.
3. Sri. R.L. Raveesh, Aged about 47 years, S/o. T. Ranganna, M/s. Concept Hydro Pneumatic Pvt.Ltd. No.33B, IInd Phase, Peenya Industrial Area, Bangalore – 560 058.
Respondents (By Sri. Abhishek Gowda H., Advocate for R-1 & R-3; R-2 - appeal dismissed vide order dt.08-11-2019) **** This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:14-08-2014 passed in O.S.No.5907/2012 on the file of the XIX Additional City Civil and Sessions Judge at Bangalore City, (CCH-18), partly decreeing the suit of the plaintiff with costs for recovery of money.
R.F.A.No.1474 OF 2014 BETWEEN:
M/s. VINUMAC No.205A, 3rd Phase, Peenya Industrial Area Bangalore – 560 058. Rept. by its proprietor Sri. G. Siddappa S/o. Late Giriyappa Aged about 58 years.
(By Sri.K.N. Puttegowda, Advocate) AND:
M/s. Concept Hydro Pneumatic Pvt.Ltd.
No.33B, IInd Phase, Peenya Industrial Area, Bangalore – 560 058.
Rept by its Director/Officer in charge, Mr. R.L. Raveesh, S/o. T. Ranganna Aged about 40 years.
(By Sri. Abhishek Gowda H., Advocate) **** …Appellant Respondent This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated:14-08-2014 passed in O.S.No.4205/2012 on the file of the XIX Additional City Civil and Sessions Judge at Bangalore City, (CCH-18), dismissing the suit of the plaintiff for recovery of money.
These Regular First Appeals coming on for Hearing, this day, the Court made the following:
O R D E R Learned counsels from both side present and the parties from both side i.e. the proprietor of the appellant - firm as well as the Director/Officer in- charge of the respondent Company are present and they are identified by their respective learned counsels.
2. Learned counsels from both side file a joint compromise petition in both these appeals under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The parties from both side as identified by their respective learned counsels are also present.
3. Perused the compromise petition filed in the matter.
4. Heard the submission from both side.
5. The parties who are present submit that out of their own volition and free consent and keeping their best interest under consideration, they have amicably settled the matter by entering into a compromise and prayed to dispose of the appeals by modifying the decree as per the terms of the compromise.
6. Learned counsels from both side also make the supporting submissions.
7. The respondent in R.F.A.No.1473/2014 had filed a suit in O.S.NO.5907/2012 for recovery of a sum of `9,73,576/- from the appellant in the said appeal. The appellant in R.F.A.No.1474/2014 also had instituted a suit in O.S.NO.4205/2012 against the respondent - Company claiming refund of a sum of `4,21,000/- with interest thereupon. Both the suits were tried together by the learned XIX Additional City Civil and Sessions Judge at Bangalore City (CCH-18) (hereinafter for brevity referred to as the “Trial Court”), which by its judgment and decree dated 14-08-2014 decreed O.S.No.5907/2012 directing the defendant therein to pay to the plaintiff Company a sum of `7,98,013/- together with interest thereupon at `6% per annum. The suit of the plaintiff in O.S.No.4205/2012 was dismissed. Challenging the above common judgment and decree, the appellants have preferred these two appeals.
8. A perusal of the compromise petition filed before the Court would go to show that the parties have entered into a compromise on the following terms which are re-produced herein below:-
“1. It is further submitted that the respondents have agreed to receive a sum of Rs.3,50,000/- by way of Manager’s Cheque No.027413 for Rs.3,50,000/- dated 02.11.2019 drawn on HDFC Bank, Peenya Branch, Bangalore in favour of the first respondent’s Company towards the full and final settlement of their entire claim in respect of the judgment and decree passed in O.S.NO.5907/2012. The respondents have duly acknowledged the same and satisfied with the said amount and the respondents have no further claim of whatsoever in respect of judgment and decree passed in O.S.NO.5907/2012.
2. Both the appellant and respondents submits that the machine supplied by the respondent to the appellant is still lying idle in the factory premises of the appellant and the appellant is at liberty to dispose of the same as they desires, for which the respondents have no objection.
3. In view of this amicable settlement, the suit in O.S.No.5907/2012 may be dismissed as per this compromise and consequently the above appeals may also be disposed off. Since, the suit O.S.No.4205/2012 was dismissed, the appeal R.F.A.No.1474/2014 may also be dismissed as withdrawn.”
9. An enquiry made by the Court of the parties who are present here has convinced this Court that both the parties have compromised the matter out of their own volition and free consent and keeping their best interest under consideration. The terms of the compromise are also in accordance with law. As such, there is no hindrance for disposal of both these appeals on the terms of the compromise entered into.
10. Accordingly, both the appeals stand disposed of by recording the compromise that both the parties have settled the matter amicably where under the appellant – Mr.G. Siddappa has paid a sum of `3,50,000/- to the first respondent Company through a Bankers Cheque No.027413 dated 02-11-2019 for a sum of `3,50,000/- drawn on HDFC Bank, Peenya Branch, Bengaluru, drawn in favour of the first respondent Company. The respondents have accepted the same as full and final settlement of their claim against the present appellant and both parties have compromised the matter and pray for dismissing both the Original Suits, i.e. O.S.NO.5907/2012 and O.S.No.4205/2012 as withdrawn.
11. Accordingly, in view of settlement of the matter on the lines recorded above, both the appeals are disposed of as settled between the parties and the impugned common judgment and decrees passed by the learned XIX Additional City Civil and Sessions Judge at Bangalore City (CCH-18) in O.S.No.5907/2012 and O.S.No.4205/2012 are modified accordingly and the appeals stand disposed of on the terms of the compromise recorded above.
The refund of the Court fee to the appellant in both the appeal, if any, to be in accordance with law.
Sd/- JUDGE BMV*