IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR R.F.A. No.1262/2018 (MON) BETWEEN:
1. M/S. SUN ELECTRO CONTROL SYSTEMS (P) LTD., A COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT, #A1, SY NO.47, SOUNDARYA INDUSTRIAL ESTATE, ANDHRAHALLI, 8TH MILE MAIN ROAD PO, VISHWANEEDAM NEAR PEENYA 3RD STAGE, BENGALURU – 560 009.
2. MR. KARANDOOR KRISHNA SAMPIGETHAYA AGED ABOUT 71 YEARS, S/O. ANANTHARAM SAMPIGETHAYA DIRECTOR:
M/S. SUN ELECTRO CONTROL SYSTEMS (P) LTD., 3. MR. SHREESHA KARANDOOR SAMPIGETHAYA, AGED ABOUT 45 YEARS, S/O. KARANDOOR KRISHNA SAMPIGETHAYA DIRECTOR:
M/S. SUN ELECTRO CONTROL SYSTEMS (P) LTD., NO.2 AND 3 ARE AT:
#37, “GOKULA”, 3RD A CROSS, 5TH BLOCK, NAGARABHAVAI, BANGALORE – 560 072. ... APPELLANTS (BY SRI RAMESHCHANDRA, ADVOCATE) AND:
M/S. SUMAN ELECTRIC UDYOGS (P) LTD., #13/1, SUMAN HIGH POINT, 2ND CROSS, SSI AREA, 5TH BLOCK, RAJAJINAGAR, BANGALORE – 560 010. REPRESENTED BY ITS AUTHORIZED SIGNATORY: MR. KHADE SHARIFF. ... RESPONDENT (BY SMT. VEENA J. KAMATH, ADVOCATE FOR KAMATH AND KAMATH, K.J. KAMATH, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.03.2018 PASSED IN OS NO.7361/2015 ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSION JUDGE, BANGLORE CITY. DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T The third appellant as well as representative of the respondent, Sri Khade Shariff are present before the Court. They are represented by their respective counsel.
2. Learned counsel for the appellants as well as learned counsel for the respondent jointly submit that the dispute between the parties has been settled amicably before Lokadalath in Crl.A.No.448/2017, on 26/04/2019. Therefore, the judgment impugned in this appeal may be disposed of in terms of the compromise arrived at between the parties. A memo is also filed in this regard before the Lokadalath, which is appended by a memorandum of compromise arrived at between the parties.
3. Memo is perused.
4. Learned counsel for the respondent submits that a sum of Rs.12,00,000/- has been deposited in the execution proceeding arising out of O.S.No.7361/2015, out of which this appeal arises. That the respondent may be permitted to withdraw the said amount.
5. Learned counsel for the appellant has no objection for respondent withdrawing the said amount.
6. Submission of the parties as well as respective counsel is placed on record.
7. In the circumstances, appeal is disposed of in terms of the settlement arrived at between the parties in Crl.A.No.448/2017 before the Lokadalath held on 26/04/2019.
8. In view of the settlement arrived at between the parties, the appellants are entitled to refund of 75% of the Court fee paid by them under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
9. The registry to refund the said amount in the name of M/s.Sun Electro Control Systems Pvt. Ltd.
In view of disposal of the appeal, the pending memos or applications if any stand disposed.
Sd/- JUDGE Sd/- JUDGE S*