IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS WRIT APPEAL No.2963/2014 (CS-RES) Between:
Karnataka State Co-operative Apex Bank Ltd., Having its Head Office At No.1, Pampamahakavi Road, Chamarajpet, Bangalore – 18, Represented by its Secretary.
(By Sri Dayanand S Patil, Advocate) And :
1. The Registrar of Co-operative Societies, Ali Asker Road, Bengaluru – 1.
…Appellant 2. The Grain Merchant Co-operative Bank Ltd., No.2, Pampamahakavi Road, Chamarajpet, Bengaluru – 560 018. Represented by its Secretary.
3. The Deputy Registrar of Co-Operative Societies (Circle-II-Old), Bangalore, Urban District.
Presently at Central Zone, 3rd Main, 8th Cross, Margosa Road, Malleshwaram, Bengaluru – 560 003.
...Respondents (By Sri V.Sreenidhi, AGA for R1 and R3;
Sri S.Srinivasa Murthy, Advocate for R2) This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.25192/2012 dated 15.10.2014.
This Writ Appeal coming on for Orders this day, NARAYANA SWAMY J., delivered the following:
JUDGMENT The learned counsel appearing for the appellant and learned counsel appearing for respondent No.2 are present before the Court. They have filed a joint memo, which reads as under:
“The Appellant and Respondent No.2 above named submit as follows:
1. The above appeal is filed against the order dated 15-10-2014 passed by Learned Single Judge in Writ Petition No.25192/2012 (CS-RES).
2. The appellant herein had filed the said W.P.No.25192/12 seeking to quashing the Award dated 21-07-2003 passed by the Arbitrator Respondent No.3 vide Annexure-C and judgment and order dated 18-10-2011 passed in Appeal No.1025/2003 vide Annexure-D by the Karnataka Appellate Tribunal (in so far as it is against the petitioner) confirming and modifying the award passed by the Arbitrator and for other relief’s.
3. That both parties discussed the matter and amicably settled among themselves. In terms of the compromise, the Appellant herein agreed to pay a sum of Rs.70,00,000/- to the Respoondent No.2 Bank in addition to what has been paid so far in respect of the subject matter of the dispute in full and final settlement of the award passed in Dispute No.RCS/DPS/448/94-95 by the Respondent No.3 and which was modified before Appellate Tribunal and further modified in W.P.No.25192/2012 vide order dated 15.10.2014.
4. Accordingly, the appellant herein has already paid a sum of Rs.70,00,000/- on 30-03-2019 to the Respondent No.2 through a pay order dated 29-03-2019, No.564848 drawn on the Karnataka State Co-operative Apex Bank Ltd., Bengaluru in favour of Respondent No.2 Bank, and the Respondent No.2 bank hereby acknowledges the receipt of the same towards full and final settlement of the dispute between the parties, in addition to what has been paid so far by the Appellant. That with this payments all the disputes in so far as the subject matter of award passed in No.RCS/DPS/448/94-95 by the Respondent No.3, and judgment and order dated 18-10-2011 passed in Appeal No.1025/2003 by the Karnataka Appellate Tribunal and also the order passed in W.P.No.25192/2012 have been fully satisfied.
5. The Appellant has issued a letter dated 30/03/2019 to the Respondent No.2 enclosing the said pay order and the letter dated 30/03/2019 issued by Respondent No.2 acknowledging the receipt of said pay order are produced herewith as Annexure-1 and 2 to this joint memo for kind reference of this Hon’ble Court.
6. That both the parties submit that the disputes which are the subject matter of the aforesaid proceedings have been fully satisfied and further confirm that the both the parties have no claims against each other’s in so far as the subject matter of the aforesaid proceedings. In view of the settlement as stated above, both the parties have signed this joint memo in token of their acceptance to the recital made herein above.
WHEREFORE, it is respectfully prayed that the above appeal may kindly be disposed of in terms of this joint memo recording the final settlement and compliance of the award dated 21- 07-2003 passed in Dispute No.RCS/DPS/448/94-
95 which was modified in Appeal No.1025/2003 and in W.P.No.25192/2012 in the interest of justice and equity.”
2. The learned counsel for the parties submit that the joint memo may be accepted and the appeal may be disposed in terms of the joint memo. The said submission and the joint memo is accepted.
Accordingly, the appeal is disposed of in terms of joint memo.
Draw up the decree in terms of the joint memo.
SD/- JUDGE SD/- JUDGE HR