Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 9 OF 2021 BETWEEN: MR H V GOWTHAMA CHARTERED ACCOUNTANT AGED ABOUT 73 YEARS, S/O LATE SRI H V CHALAM GOWTHAM AND COMPANY EAST END, C MAIN ROAD, JAYANAGAR BENGALURU-560 069 …APPELLANT (BY MS. ADITI GURJER FOR SRI. GEORGE JOSEPH, ADVOCATE)
Digitally signed by VIJAYALAKSHMI AND: BN Location: HIGH COURT OF KARNATAKA 1. M/S PEBBLE BAY DEVELOPERS PVT. LTD., HAVING BRANCH OFFICE AT ONYX CENTRE, 4TH FLOOR, NO.5 MUSEUM ROAD, BENGALURU-560 001 ALSO AT RAHEJA CHAMBER LINKING ROAD AND MAIN AVENUE SANTA CRUZ (WEST) -2- MUMBAI-400 054 REPRESENTED BY ITS DIRECTOR ADITYA RAHEJA
2. MR C L SANTOSH KUMAR S/O C L N MURTHY AGED ABOUT 40 YEARS, PROPRIETOR M/S UNITED ESTATES NO.16 RAILWAY PARALLEL ROAD, KUMARA PARK (EAST) BENGALURU-560 020 …RESPONDENTS
(BY MS. AMANDA CHAKRAVARTI FOR SRI AJESH KUMAR S., ADVOCATE FOR R-1; NOTICE TO R-2 IS DISPENSED WITH V/O DATED 15.06.2022) THIS COMMERCIAL APPEAL IS FILED UNDER ORDER XLI RULE 1 R/W SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908 R/W SECTION 13(1A) OF THE COMMERCIAL COURTS ACT, 2015 PRAYING TO CALL FOR RECORDS FROM THE FILE OF THE LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (C.C.H-83) IN COM O.S.NO.26532/2009 AND SET ASIDE THE
JUDGMENT AND DECREE DATED 07.03.2020 PASSED THEREIN
AND DISMISS COM O.S.NO.26532/2009, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR.. JUSTICE K.MANMADHA RAO -3-
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. We have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the first respondent.
2. It is submitted by the learned counsel appearing on
either side that the appellant and the first respondent have reached the settlement and have settled the disputes existing interse. A memo is therefore filed seeking withdrawal of the appeal.
3. It is submitted that the parties have reached the
settlement and that the terms of the settlement have been reduced to writing as reflected in the joint memo dated 30.06.2025. It is submitted that the appeal may be disposed of in terms of the joint memo which reads as follows; -4- “4. The parties have on their own volition and free will agreed to have the above appeal disposed off in the following manner-
(i) The Respondent No.1 shall forfeit its
entitlement to the damages of Rs.10,00,000/- (Rupees Ten Lakhs only) and the costs of Rs.62,153/- (Rupees Sixty Two Thousand One Hundred and Fifty Three only) against the Appellant as decreed by the Trial Court under the Common
Judgment and Decree dated 07.03.2020;
(ii) The Common Judgment and Decree dated
07.03.2020 passed by the Trial Court shall be binding the Appellant in so far as the other reliefs are concerned and in so far as it concerns Respondent No.2 to the above appeal.”
4. It is further contended that the second respondent will therefore be bound by the terms of the decree.
5. Having considered the contentions advanced and in
the light of the memo for settlement filed by the appellant and the first respondent, the appeal is dismissed recording that the settlement entered into between the parties.
6. The decree shall be drawn up accordingly.
7. The Court fee shall be refunded as applicable. -5-
8. The amount of Rs.8,07,125/- deposited through
Demand Draft No.235582, issued in favour of “The Registrar of City Civil Court, Bengaluru” shall be refunded as applicable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 2