IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL & THE HON’BLE MR.JUSTICE ARAVIND KUMAR R.F.A.No.1077/2017 BETWEEN M/s SHASHI DISTILLERIES PVT. LTD., (MANUFACTURER OF QUALITY LIQUORS) NO.501/A/4, 9TH MILE STONE, BANNERGHATTA ROAD, BENGALURU-560076 REP BY ITS MANAGING DIRECTOR. ... APPELLANT (By Sri DHANANJAY VIDYAPATI JOSHI, ADV.) AND M/s GAYATHRI STRUCTURAL AND ROOFING PVT.LTD., CORPORATE OFFICE AND WORKS, NO.536/5, M.S.RAMAIAH ENCLAVE, 8TH MILE, TUMKUR ROAD, NAGASANDRA POST, BENGALURU-560073, ALSO AT NO.20, 3RD MAIN, KALI TEMPLE STREET, SUBEDARPALYA, YESHWANTHPUR, BENGALURU-560022 REP BY ITS MANAGING DIRECTOR-
SHRI K.N.SHIVASHANKAR. ... RESPONDENT (By Sri RAJENDRA K.R., ADV.FOR FOR C/R) THIS RFA FILED UNDER SEC.96 R/W ORDER XLI OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 18.3.2017 PASSED IN OS NO.3177/2014 ON THE FILE OF THE XXXI ADDL.
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY, AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, B.S.PATIL, J., DELIVERED THE FOLLOWING:
JUDGMENT 1. This appeal is filed under Section 96 read with Order XLI CPC challenging the judgment and decree dated 18.03.2017 passed by the court below in O.S.No.3177/2014.
2. The matter was referred to Bengaluru Mediation Centre for exploring the possibility of negotiated settlement. Both parties have arrived at a settlement through the help of the Mediator. A report dated 24.10.2017 enclosing the Memorandum of Settlement arrived under Section 89 CPC read with Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, has been forwarded to this Court by the Bengaluru Mediation Centre.
3. Both parties and their learned Counsel are present.
Appellant – M/s. Shashi Distilleries Pvt. Ltd., is represented by Mr. Ananth.G.G., who has been authorized by the Managing Director of the Appellant-Company to represent the company. The authorization letter is also enclosed to the Memorandum of Settlement. Respondent – M/s. Gayathri Structural and Roofing Pvt. Ltd., is represented by its Managing Director Mr. K.N.Shivashankar.
4. Both parties submit that they have settled the dispute in terms of the Memorandum of Settlement arrived at during the course of mediation and have voluntarily set their signature to the same.
5. Learned Counsel for both parties identify the appellant and respondent and also submit that the settlement entered into is in accordance with law.
6. We have perused the terms of settlement. We are satisfied that the settlement has been arrived at during the course of mediation voluntarily and there is no impediment in law to accept the terms of settlement.
7. Pursuant to the terms of settlement, appellant has handed over a cheque for a sum of Rs.4 lakhs to the respondent and the respondent has acknowledged the receipt of the same.
8. In the light of the settlement arrived at, this appeal is disposed of in terms of the settlement. Registry is directed to draw the decree in terms thereof.
9. In so far as refund of court fee is concerned, learned Counsel for both parties and both parties who are present before the Court submit that court fee paid on the Memorandum of Appeal may be refunded to the appellant and the respondent, equally. Registry is directed to issue cheque accordingly in the name of appellant and the respondent, separately for equal amount in terms of Section 66(1) of the Karnataka Court Fees and Suits Valuation Act.
Sd/- JUDGE Sd/- JUDGE KK