M/S Sri. Shanmuga Modern Rice Mills (P) Ltd v. Sri.S Govindarajulu

((((((((((((HC-KAR, NC:(2026:KHC:43326-DB( COMAP(No.(405(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010508272023( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(12 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MRS.(JUSTICE(ANU(SIVARAMAN(

AND((

THE(HON'BLE(MR.(JUSTICE(T.P.VIVEKANANDA(

COMMERCIAL(APPEAL(NO.(405(OF(2023((RES)(

(

BETWEEN:((

(

1., M/S,SRI.,SHANMUGA,MODERN,RICE,MILLS,(P),LTD.,, KGF,MAIN,ROAD, DESHIHALLI, DESHIHALLI,POST,

BANGARPET,563114, RPTD,BY,ITS,MANAGING, DIRECTOR, ,

2., SRI.,SHANMUGAM, Digitally KGF,MAIN,ROAD,signedtiby PAVITHRA0N DESHIHALLI, Location: DESHIHALLI,POST, High0Court of0Karnataka BANGARPET,563114, , …APPELLANTS, (BY,SRI.,S,JAGAN,BABU,,ADVOCATE), AND:( ( SRI.S,GOVINDARAJULU, S/O,SUBBAIAH, AGED,ABOUT,67,YEARS, ((((((((((((HC-KAR, NC:(2026:KHC:43326-DB( COMAP(No.(405(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010508272023( ( ( R/O,S,G,KOTE,VILLAGE,AND,POST, BANGARPET,TALUK,563114, , …RESPONDENT, (BY,SRI.,CHETHAN,A.,,ADVOCATE,FOR,C/R), , , THIS,COMAP,IS,FILED,UNDER,SECTION,13(1-A),OF,THE, COMMERCIAL, COURT, ACT,, PRAYING, TO, 1., CALL, FOR, THE, ENTIRE, RECORDS, FROM, THE, COURT, OF, THE, PRL., DISTRICT, AND, SESSIONS, JUDGE, AT, KOLAR,, KOLAR, IN, COMM.O.S.NO., 35/2020., 2., TO, SET, ASIDE, THE, JUDGMENT, AND, DECREE, DATED:15/07/2023,PASSED,BY,THE,LEARNED,PRL.,DISTRICT, AND, SESSIONS, JUDGE, AT, KOLAR,, KOLAR, IN, COMM.O.S.NO., 35/2020,AND,DISMISS,THE,SUIT,OF,RESPONDENT/PLAINTIFF, AS, PRAYED, FOR, BY, THE, APPELLANT/DEFENDANT, IN, THE, WRITTEN,STATEMENT,AND,ETC., , , THIS, APPEAL,, COMING, ON, FOR, REPORTING, SETTLEMENT,,THIS,DAY,,JUDGMENT,WAS,DELIVERED,THEREIN, AS,UNDER:, CORAM:, HON'BLE,MRS.,JUSTICE,ANU,SIVARAMAN, and,, HON'BLE,MR.,JUSTICE,T.P.VIVEKANANDA, ,

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned counsel appearing on either side.

¶2Learned counsel for the parties submit that the matter is settled between the parties. A joint memo is filed by the appellants and the respondent to that effect. The Joint memo reads as under:- "1. The Principal District and Sessions Judge at Kolar in Com.O.S. No.35/2020 was pleased to decree that suit filed by the Respondent herein with cost, directing the Appellants/Defendants to pay a sum of Rs.5,84,800/-(Rupees Five Lakh Eighty Four Thousand Eight Hundred) to the Respondent/Plaintiff with interest at the rate of 9% per annum from the date of suit till realization of decreetal amount.

¶2Aggrieved by the same, the Appellants/Defendants had filed the captioned proceedings against the Respondent/Plaintiff for the relief prayed for in the Appeal memorandum.

¶3This Hon'ble Court vide its order dated

09.01.2024 was pleased to allow I.A No.1/2023 filed by the Appellants under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 seeking to stay the operation, execution and enforcement of the

judgment and decree of the trial Court, subject to condition that Appellant shall deposit entire decretal amount with accrued interest before this Hon'ble Court within a period of four weeks from the date of this order.

¶4In compliance of the same, the Appellant had deposited a sum of Rs.7,86,556/-(Rupees Seven Lakh Eighty Six Thousand Five Hundred and Fifty Six only) on

06.02.2024 as per the directions of this Hon'ble Court. Subsequently, the Respondent had filed an application under Section 151 of the Code of Civil Procedure, 1908 seeking permission to withdraw the said amount deposited by the Appellants and the same is pending consideration.

¶5During the pendency of the captioned proceedings, the parties have discussed and amicably resolved the disputes between themselves and are entering into the present Memorandum of Compromise to record the full and final settlement of the disputes arising out of the captioned proceedings. The terms of the final settlement are as follows: a) The appellants agrees that a sum of Rs.7,86,556/-(Rupees Seven Lakh Eighty-Six Thousand Five Hundred and Fifty Six Only) which is deposited by him on 06.02.2024 can be withdrawn by the respondent unconditionally with accured interest.

b) Both the parties mutually agree that the Appellant shall be entitled for refund of the entire court fees and the Respondent confirms that he has no objections to such refund of court fees to the Appellant."

¶3Having heard the learned counsel appearing on either side and perused the identity documents produced and in view of the terms of the settlement, we are of the opinion that the settlement can be accepted. The Joint memo filed by the parties is therefore accepted on file.

¶4The appeal is disposed of in terms of the Joint memo. The deposited amount with accrued interest shall be released to the respondent and the eligible Court fee shall be refunded to the appellants on proper identification. The decree shall be drawn up accordingly.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (T.P.VIVEKANANDA) JUDGE

RAK, List No.: 3 Sl No.: 7