IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA Regular First Appeal No.670 of 2011 (Mon) BETWEEN:
1. M/S RAJASHREE CEMENTS LTD C/O BIRLA SUPER BULK TERMINALS, P.O.VEERAPURA, NEARS RAILWAY STATION, DODDABALLAPUR – 561 203.
2. M/S RAJASHREE CEMENTS LTD., ADITYA NAGAR, MALKAD (MALKHED) GULBARGA ... APPELLANTS (By Sri PRAMOD N KATHAVI AND Sri M.A.VIJAY, ADVOCATES) AND:
1. SMT. USHA KHANDELWAL AGED ABOUT 46 YEARS, W/O SRI RADHASHYAM KHANDELWAL, PROPRIETOR, M/S VINOD INDUSTRIAL CORPORATION, NO.162/1, 4TH CROSS, LALBAGH ROAD, KHADER SHERIEF GARDEN BENGALURU-560 027 2. M/S TECHNOW CONSULTANTS AND ENGINEERS (P) LTD. REPRESENTED BY ITS DIRECTOR MR.SHISHIR GUPTA, NO.80/32, LOWER GROUND FLOOR, MALVYANAGAR, NEW DELHI-110 017. ... RESPONDENTS (By Sri A.NAGARAJA NAIDU, ADVOCATE FOR R1) THIS RFA FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.12.2010 PASSED IN O.S.2700/2000 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR THE RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is by defendants No.2 and 3 in the suit challenging the judgment and decree passed by the Trial Court whereby it has decreed the suit of the plaintiff.
2. The facts leading to this appeal in brief are that the first respondent (plaintiff) instituted a suit in O.S.No.2700/2000 against the second respondent (defendant No.1) and the appellants (defendant Nos.2 and 3) for recovery of money due to her from the defendants with costs and current interest. The Trial Court decreed the suit for recovery of Rs.1,30,000/- with costs and current interest at 9% p.a. on Rs.90,005/- from the date of the suit till the date of its realization from all the defendants jointly and severally. Aggrieved by the said judgment and decree of the Trial Court, only defendants No.2 and 3 have preferred this appeal.
3. In this appeal, appellants (defendants No.2 and 3) and first respondent (plaintiff) have got their dispute relating to the subject matter of the suit settled amicably by reducing the terms of settlement into writing by way of filing a detailed compromise petition under Order 23 Rule 3 read with Section 96 and 151 of the Code of Civil Procedure, 1908.
4. Learned counsel for the appellants submits that at the time of filing the present appeal, one Sri.S.K.Gupta was the Unit Head of the appellant’s concern. The present Unit Head is one Sri.M.V.Ramana Rao and he has authorized one Mr.Ravikumar.N., S/o Late Narayanachar, Manager- Legal, to represent the appellants and sign the compromise petition on behalf of the appellants. The authorization letter issued by Sri.M.V.Ramana Rao, Executive President and Unit Head, Ultra Tech Cement Limited, (Unit: Rajashree Cement Works), having its manufacturing unit at Adityanagar, Malkhed, Taluka Sedam, Gulbarga District in favour of Mr.Ravikumar.N., is enclosed to the compromise petition.
5. Parties were present before the Court and terms of compromise were read out them in the language known to them and they have admitted the contents of the compromise petition and it’s execution and have submitted that they have entered into this compromise out of their free will and volition, and the settlement is free from any fraud, force, misrepresentation, coercion or undue influence. As such, there is no impediment in law to record this compromise and dispose of the appeal in terms of the compromise petition. Accordingly, the following:
ORDER i) The appeal stands disposed of. The judgment and decree dated 09.12.2010 passed by the III Additional City Civil and Session Judge (CCH No.25), in O.S.No.2700/2000 Bengaluru, stands modified in terms of the compromise petition.
ii) As per the terms of the compromise, the appellants have paid a sum of *Rs.1,75,000/- (Rupees One lakh and seventy five thousand only) to the first respondent herein by way of a Demand Draft dated 18.07.2017 bearing No.3811 drawn upon HDFC Bank, Malkhed Branch, towards full and final satisfaction of the decreetal amount and the first respondent (plaintiff) has received the said sum of *Rs.1,75,000/- (Rupees One lakh and seventy five thousand only) from the appellants towards full and final satisfaction of the decreetal amount.
iii) As per the terms of the compromise, the first respondent has no objection whatsoever for the appellants from withdrawing from this Court, an amount of Rs.1,15,604/- (Rupees One Lakh Fifteen Thousand Six Hundred and Four only) deposited by the appellants in compliance of the order of this Court * Corrected vide Court order dt.23-10-2017 dated 24.01.2012 along with interest if any accrued thereon if any.
iv) Registry is directed to release Rs.1,15,604/- (Rupees One Lakh Fifteen Thousand Six Hundred and Four only) along with interest if any accrued thereon by issuing cheque in the name of “Ultra Tech Cement Limited”, Unit: Rajashree Cement, Aditya Nagar, Malkhed Road, Kalaburgi District, as requested by the learned counsel appearing for the appellants.
v) This compromise petition is ordered to be treated as part of the order.
vi) Sri.A.Mahesh Choudhary, learned counsel submits that he has been authorized by the first respondent to appear on behalf of respondent along with Sri.A.Nagaraja Naidu, and therefore the Vakalath filed by Sri.A.Mahesh on behalf of first respondent is taken on record.
Mr.Ravikumar.N., an authorized representative of the appellants and Smt.Usha Khandelwal, the first respondent having present before the Court and entered into this compromise petition have signed the order-sheet of the appeal and their signatures were identified by the learned counsels appearing for them.
SD/- JUDGE dh s