The High Court
Case Details
- 1 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.388 OF 2018 (MON) BETWEEN: …APPELLANT C.N. RUDRAMURTHY AGED ABOUT 63 YEARS S/O. LATE SRI C.R. NAGAPPA MANAGING DIRECTOR M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) PRESENTLY RESIDING AT NO.25 1ST MAIN ROAD, JAYAMAHAL EXTENSION JAYAMAHAL BENGALURU-560 046. (BY SRI JAGANATH K.M., ADVOCATE) AND: 1. C.R. NANDAKUMAR AGED ABOUT 43 YEARS S/O. LATE C.N. REVANNA PARTNER, M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) RESIDING AT NO.93/13, I CROSS NANDIDURGA ROAD BENGALURU-560 046. 2. M/S. CHOUDRI COLLECTIONS
Legal Reasoning
(DISSOLVED PARTNERSHIP FIRM) NO.9, CURZON COMPLEX BRIGADE ROAD BENGALURU-560 001 REPRESENTED BY ITS MANAGING PARTNER C.N. RUDRAMURTHY. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 3. C.R. ASHWIN AGED ABOUT 39 YEARS S/O. C.N. RUDRAMURTHY PARTNER, M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) PRESENTLY RESIDING AT NO.25 1ST MAIN ROAD, JAYAMAHAL EXTENSION JAYAMAHAL BENGALURU-560 046.
Legal Reasoning
4. SMT. R. NAGARATHNA AGED ABOUT 68 YEARS W/O. LATE C.N. REVANNA PARTNER, M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) RESIDING AT NO.93/13, I CROSS NANDIDURGA ROAD BENGALURU-560 046. 5. C. NAVIN KUMAR AGED ABOUT 41 YEARS S/O. C.N. KUMAR PARTNER, M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) RESIDING AT NO.16 KASTURBA ROAD BENGALURU-560 001. 6. SMT. LATHA SHEKAR AGED ABOUT 66 YEARS W/O. LATE C.N. CHANDRASHEKAR PARTNER, M/S. CHOUDRI COLLECTIONS (DISSOLVED PARTNERSHIP FIRM) RESIDING AT NO.114, 1ST MAIN MLA LAYOUT, R.T. NAGAR BENGALURU-560 032. (BY SRI VAIBHAV M. IYENGAR, ADVOCATE, FOR SRI S. SUSHANT VENKATESH PAI, FOR R-1, & R-2 TO R-6 ARE SERVED AND UNREPRESENTED) * * * …RESPONDENTS - 3 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 16-11-2017 PASSED IN ORIGINAL SUIT NO.5079 OF 2011 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.5), DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 16-11-2017 in Original Suit No.5079 of 2011 rendered by the IX Additional City Civil and Sessions Judge, Bengaluru, on various grounds. 2. Sri Jaganath K.M., learned counsel for the appellant, and Sri S. Sushant Venkatesh Pai, learned counsel representing Sri Vaibhav M. Iyengar, learned counsel for respondent No.1, are physically present. 3. Though respondent Nos.2 to 6 are served, but they remained absent. - 4 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 4. Both the learned counsel in this matter have kept the parties to this proceedings physically present. 5. This matter was referred to the Karnataka Mediation Centre at Bengaluru in pursuance of the submission made by the learned counsel for the parties. Accordingly, the parties have settled the dispute by way of mediation and have filed Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The Mediation Report, consisting of paragraph Nos.1 to 7, reads thus: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. 1. The Appellant herein [Defendant No.2] has offered to pay a sum of Rs.30,00,000/- [Rupees Thirty Lakhs only] to Respondent No.1 herein [Plaintiff] towards full and final settlement of the Judgement and Decree dated 16/11/2017, passed by the Court of IX Addl City Civil & Sessions Judge, at Bangalore. The respondent No.1 has accepted the said offer. - 5 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 2. Both parties have agreed that the aforesaid amount of Rs.30,00,000/- [Rupees Thirty Lakhs only] would include the sum of Rs.17,21,606/- deposited by the Appellant herein in the aforesaid Appeal vide Demand Draft dated 27/09/2018, bearing No:607964, drawn on Indian Bank, in compliance of the Order dated 07/09/2018 passed by the Hon'ble High Court of Karnataka and presently kept in Fixed Deposit. The remaining balance amount, payable by the Appellant herein to the Respondent No.1 herein, after deducting Rs.17,21,606/- already deposited is Rs.12,78,394/-. The appellant has agreed to pay the amount of Rs.12,78,394/- to the Respondent No.1 [Mr.C.R. Nanda Kumar] by way of a Demand Draft and the said sum shall be payable before the Hon'ble High Court of Karnataka, at Bengaluru, as and when the above matter is listed for consideration of the instant settlement. 3. Both parties agree that the sum of Rs.17,21,606/- deposited by the Appellant in compliance of the Order dated 07/09/2018 shall be permitted to be withdrawn by Respondent No.1 [Mr.C.R. Nanda Kumar] and the said amount shall be credited into his Savings Bank Account bearing No:413583856, in Indian Bank, Bengaluru Cantonment, 35 Lady Curzon Road Branch, - 6 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 Bengaluru-560 001, having IFSC Code: IDIB000B008. 4. Both parties hereby further agree that the interest accrued on the deposited amount of Rs.17,21,606/- shall be permitted to be withdrawn by the Appellant [Mr. C.N. Rudramurthy] and the said amount shall be credited into his Savings Bank Account bearing No: 04182010082311, in Canara Bank, Shoolay Branch, Bengaluru, having IFSC Code:CNRB0010418 and MICR No:560015236. 5. Both the parties hereby declare that they shall have no claims of any nature whatsoever against each other past, present or future in respect of the Partnership Firm M/s. Choudri Collections. 6. Both the parties herein agree and state that the terms contained herein in this Agreement, constitute a full and final settlement of all disputes between the parties herein in respect of the Partnership Firm M/s. Choudri Collections and shall remain final. 7. In view of the settlement arrived at between the parties herein in terms of Section 89 of the Civil Procedure Code, 1908, the Appellant prays that this - 7 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 Hon'ble Court be pleased to refund full Court Fee paid by him in the above Appeal. I. In view of the aforesaid Agreement entered into between the parties herein, the Appellant and Respondent No.1 herein pray that this Hon'ble Court be pleased to dispose off the aforesaid Appeal in terms of this Settlement Agreement, in the interest of equity and justice. II. The Parties herein shall personally appear before the Hon'ble High Court of Karnataka, at Bengaluru, as and when the said Appeal is listed for passing of Orders in terms of this Mediation Agreement." 6. In this appeal, the terms and conditions of the mediation report have been appraised to the appellant and respondent No.1 in the presence of learned counsel for the parties. The appellant and respondent No.1 in this matter have agreed to adhere to the terms and conditions of the settlement arrived between them before the Mediation Centre at Bengaluru and accordingly, the mediation report is taken on record. - 8 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 7. Learned counsel for the appellant has filed a memo stating that he is paying a sum of Rs.12,78,394/- (Rupees twelve lakh seventy-eight thousand three hundred and ninety- four only) being the balance amount payable after deduction of Rs.17,21,606/- from Rs.30,00,000/- as per mediation settlement agreement by way of a Demand Draft drawn in favour of respondent No.1 vide Demand Draft dated 7-2-2025 bearing No.955128, drawn on Indian Bank, M.G. Road Branch, Bengaluru and accordingly, memo is taken on record. 8. In view of the settlement arrived between the parties, the appeal stands disposed of. The judgment and decree dated 16-11-2017 in Original Suit No.5079 of 2011 rendered by the IX Additional City Civil and Sessions Judge, Bengaluru, is hereby modified to that extent. 9. Registry is directed to draw the decree accordingly. 10. Since this appeal proceedings has ended in acceptance of the mediation report forwarded by the Karnataka Mediation Centre at Bengaluru, the requisite Court-fee paid in - 9 - NC: 2025:KHC:10609-DB RFA No. 388 of 2018 this matter is ordered to be refunded to the appellant, with due identification in accordance with law. Consequent to the disposal of this appeal in terms of the mediation report, pending interlocutory applications, if any, shall stand dismissed. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 3