IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.670 OF 2017 BETWEEN Mrs. Veena Nanjappa, W/o. Late B.Duleep Nanjappa, Aged about 60 years, Residing at Pake Estate Hakathur Village, Kodagu-571252.
(By Sri. S.V.Shastri, Advocate) AND M/s. Cyma Exports Pvt. Ltd. Arun Chambers No.220, 2nd Floor, Tardeo Main Road, Tardeo Mumbai-400034. Represented by Sri. Gopal P. Shinde.
(By Sri. M.N.Umesh, Advocate) …Appellant …Respondent This RFA is filed under Order 41 Rule 1 read with Section 96 of CPC against the judgment and decree dated 18.03.2017 passed in O.S.No.3996/2007 on the file of the XIV Additional City Civil Judge, Bengaluru (CCH No.28), decreeing the suit for recovery of money.
This RFA coming on for hearing this day, the court delivered the following:
ORDERS ON COMPROMISE PETITION The appellant is present along with her advocate. Respondent is represented by its Director, Sachin Vora. He is present along with his advocate. Parties present a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. The contents of this compromise petition are read over and explained to the parties in English. They confirm the correctness of the contents of the compromise petition and submit further that they have voluntarily entered into this compromise.
2. Para 4 of the compromise petition shows that the appellant has agreed to pay a sum of Rs.8,14,900/- to the respondent. In addition to an amount of Rs.6,14,900/- already deposited by the appellant, she has paid today Rs.2,00,000/- to the respondent by way of demand draft. The director of the respondent company submits that he has received D.D. for Rs.2,00,000/-. The terms of the compromise are lawful and therefore compromise petition is accepted. Draw decree accordingly.
3. Amount of Rs.6,14,900/- deposited by the appellant shall be released in favour of respondent. 75% of the court fee shall be refunded to the appellant.
Sd/- JUDGE ckl