IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B V NAGARATHNA AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1483 OF 2013 (AA) BETWEEN:
M/S KOTAK MAHINDA PRIME LIMITED NO.20, 3RD FLOOR, UNIWORTH PLAZA SANKEY ROAD, PALACE GUTTAHALLI BENGALURU -560020 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI DAYANANDA S.K.
…APPELLANT (BY SRI. B.S. RADHANANDAN, ADVOCATE) AND:
1. M/S SKYLINE DEVELOPERS A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS 1) DHIRAJ PRABHU AND 2) AVINASH PRABHU NO.11, HAYES ROAD BENGALURU-560025 2. DHIRAJ PRABHU AGED ABOUT 32 YEARS NO.78, KALMANE, LAVELLE ROAD BENGALURU-560 001.
3. AVINASH PRABHU AGED ABOUT 41 YEARS NO.78, KALMANE, LAVELLE ROAD BENGALURU-560 001.
...RESPONDENTS (BY SRI. H.MUNISWAMY GOWDA, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) (A) OF ARBITRATION AND CONCILIATION ACT, 1996 PLEASED TO SET ASIDE THE ORDER DATED 28.11.2012 PASSED BY THE LEARNED VI ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY IN A.A.NO.378/2011 AND ETC., THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
JUDGEMENT Sri B S Radhanandan, learned counsel for the appellant and Sri Muniswamygowda, learned counsel appearing for the respondent Nos.1 to 3 would jointly submit that pursuant to order dated 19.11.2018 passed by this Court regarding settlement of the dispute between the parties a sum of Rs.5 lakh is being handed over by way of a Demand Draft bearing No.786530 dated 16.01.2019 drawn at Kotak Mahindra Prime Limited by respondents’ counsel to appellant’s counsel. Learned counsel for the appellant acknowledges the receipt of the same.
2. In view of the above submission made by the learned counsel for the respective parties, it is observed that the appeal is settled out of Court. Appellant to hand over the No Objection Certificate with regard to the loan accounts.
3. Learned counsel for the appellant submits that the same shall be complied within a period of 15 days from today. Submission is placed on record.
4. Hence the appeal is disposed off as settled out of Court.
Sd/- JUDGE Sd/- JUDGE Ykl