IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.5 OF 2019 (SC) BETWEEN:
1. M/s Lucida Hospitality Pvt. Ltd., Represented by its Director, Mr.Abinav Prashant, No.88, 1st Floor, Koramangala, Industrial Layout, 5th Block, Near JNC College, Bengaluru-560095. Represented by its Directors Petitioner Nos.2 and 3.
2. Mr.Abinav Prashant Director M/s. Lucida Hospitality Pvt Ltd., A company incorporated under The companies Act, Having its Office At First Floor, Zingo Hotels.com, Mr.Abinav Prashant, No.88, 1st Floor, Koramangala, Industrial Layout, 5th Block, Near JNC College, Bengaluru-560095.
3. Miss Ruhma Fathima Director, M/s. Lucida Hospitality Pvt Ltd., A company incorporated under The companies Act, Having its Office At First Floor, Zingo Hotels.com, No.88, 1st Floor, Koramangala, Industrial Layout, 5th Block, Near JNC College, Bengaluru-560095. …Petitioners (By Sri Srinivasa Murthy.S, Advocate) AND:
Mr.Lohit.R Aged about 22 years, S/o Rajaram.H.
Residing at # 11, Lakshmi Nilaya, 8th Main, 1st Cross, Balji Layout, Kodigehalli Main Road, Bengaluru-565094 …Respondent (By Smt.Sofiya, Advocate for Sri C.M.Poonacha, Advocate) **** This Civil Revision Petition is filed under Section 18 of Karnataka Small Cause Courts Act 1964 against the order dated 11.09.2018 passed in SC.No.997/2018 on the file of the XIX Additional Senior Civil Judge and XLI ACMM Court of Small Causes Bangalore dismissing the application under Order 37 Rule 3(5) of CPC and partly decreed the suit for recovery of money.
This Civil Revision Petition coming on for Admission this day, the court made the following:
ORDER Learned counsel for the petitioners and respondent have filed a joint memo.
2. The petitioner has agreed to pay a sum of Rs.35,000/- (Rupees Thirty five thousand only) and has issued a cheque bearing No. 000816 dated 19.3.2019 drawn on ICICI Bank, Kormangala Branch, Bangalore and respondent has agreed to withdraw the Execution Petition No.1920/2018 on the file of XIX Additional Small Causes Judge, Bangalore as the same is not required since the parties herein have settled the matter amicably in terms of this memo.
3. Learned counsel for the respondent submits that a separate memo will be filed to withdraw the execution petition as the matter is settled amicably between the parties.
4. Learned counsel for respondent has prayed for refund of court fee in view of the decision in the case of A Sreeramaiah Versus The South Indian Bank Ltd., Bangalore and Another reported in 2006 SCC Online Kar 563: ILR 2006 Kar 4032: (2007) 1 Kant LJ 67 (DB): (2006) 6 AIR Kant R 478: (2007) 2 CCC 56 (DB). The respondent is at liberty to approach the trial Court for refund of court fee.
Accordingly, the petition is disposed of.
Sd/- JUDGE SSD