IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.404 OF 2014 BETWEEN M/s. H.J.S.Stones Limited, A Company incorporated under The Companies Act, having its Registered Office at No.92-95, P.B.No.25037, Richmond Road, Bengaluru-560025, Represented by its authorized signatory Director - Arshad Pasha.
(By Sri. Prakash T. Hebbar, Advocate and Sri. M.Ravikumara, Advocate) AND 1. M/s. G.K.Industries, A Proprietorship Firm having its Office at No.14, Postal Colony, RMV 2nd Stage, 3rd Main, Sanjaya Nagar, Bengaluru-560094, Represented by its Proprietor.
2. Mr. Nissar Pasha, S/o. Hajee Jaffer Sheriff Aged about 52 years 3. Mr. Adil Pasha, @ Mr. Abdul Sattar …Appellant S/o. Abdul Jabbar Aged about 52 years Both are R/at HJS Stones Ltd., Post Box No.25037, No.92-95, Richmond Road, Bengaluru-56025.
(By Sri. B.Ravishankar, Advocate, for R1-R2 and R3-Served.) …Respondents This RFA is filed under Section 96 of CPC against the judgment and decree dated 03.09.2013 passed in O.S.301/2006 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru City, decreeing the suit for recovery of money.
This RFA coming on for orders this day, the court made the following:
ORDERS ON COMPROMISE PETITION The appellant-company is represented by its Director and authorized signatory Arshad Pasha who is present before the court along with his advocate Sri. Ravi Kumar. The first respondent company is represented by its Proprietor Sri S.N.Aswathanarayana who is present before the court along with his advocate Sri B.Ravi Shankar. Second respondent is a formal party to the appeal and he is not party to this compromise. The appellant and the respondents present a compromise petition under Order XXIII Rule 3 CPC. The contents of this compromise petition are read over and explained to the parties in Kannada and English languages. The parties admit the contents of the compromise petition to be correct. They also submit that they have voluntarily signed this compromise petition being aware of the contents of the compromise. In accordance with such compromise, the appellant has paid a sum of Rs.3,00,000/- to the first respondent vide cheque bearing no.880077 dated 17.1.2019 drawn on Oriental Bank of Commerce, Richmond Town Branch, Bengaluru. The appellant has undertaken to pay the balance of Rs.5,00,000/- to the first respondent on 5.4.2019. This compromise is lawful and it is accepted.
2. If the balance amount of Rs.5,00,000/- is not paid by the appellant to the respondent on 5.4.2019, the respondent is at liberty to recover the amount by filing an execution petition.
3. The appellant is entitled to refund of 75% of court fee, but in para 8 of the compromise petition it is stated that out of the court fee refundable, Rs.25,000/- be refunded to the first respondent and the balance be paid to the appellant. Therefore, the registry is directed to draw refund cheque as agreed by the parties.
Sd/- JUDGE ckl