M.L.GOVINDARAJ GOWDA v. SUNDER N.K.

(BY SRI.BEERESHA H.S., ADVOCATE FOR R1 SRI.H.R.MANJUNATH, ADVOCATE FOR R4 R2- SERVED & UNREPRESENTED V/O/D 08.04.2024, NOTICE TO R3 IS DISPENSED WITH) …RESPONDENTS THIS MFA FILED U/S.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED: 05.08.2023 PASSED ON IA NO.1 IN O.S.NO.596/2020 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS (CCH-43), REJECTING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. JUDGE, BENGALURU, THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed aggrieved by the order passed in I.A.No.1 in O.S.No.596/2020 dated 05.08.2023 by the XLII Additional City Civil & Sessions Judge, Bengaluru, whereby the trial Court had dismissed an application filed by the plaintiff seeking interim injunction.

2. It is submitted that the parties have entered into a settlement dated 08.10.2020 during the pendency of the - 3 - NC: 2024:KHC:32528 MFA No. 8842 of 2023 appeal, they have entered into a settlement memo is filed by the appellant. In that regard which reads as follows: "MEMO The Appellant submits as under:

The Appellant hereby undertakes withdraw/withdrawn the following proceedings: i. O.S No.596/2020 filed in the Court of the City Civil Judge Bengaluru in CCH 43. ii. O.S 1803/2020 filed in the Court of the City Civil Judge Bengaluru in ССН 43. iii. C.C No. 2482/2020 filed in the Court of the ACMM, Bengaluru. iv. PCR No.2341/2020 filed in the Court of the ACMM, Bengaluru.

The Appellant states that O.S No.4730/2019 filed in the Court of the City Civil Judge Bengaluru in CCH 7 has been disposed vide order of the Lok Adalat dated

27.09.2023

The Appellant is hereby returning the following cheques to the 4th Respondent, through his legal counsel on record. i. Cheque No.566630, dated 12.11.2020 drawn in favour of M.L.Govindaraju Gowda amounting to R.1,00,00,000/- (One Crore). ii. Cheque No. 566629, dated 17.10.2020, drawn in favour of M.L.Govindaraju Gowda amounting to Rs.50,00,000/- (Fifty Lakhs). - 4 - NC: 2024:KHC:32528 MFA No. 8842 of 2023

The Appellant has received total sum of Rs.1,82,50,000/- (Rupees One Crore Eighty Two Lakhs Fifty Thousand only) in the following manner; i. A sum of Rs.50,00,000/-(Rupees Fifty Lakhs only) is paid by Respondent No.4 in the name of Sri.M.L.Govindaraj Gowda-the Appellant herein by way of demand draft dated:17.4.2024 bearing No.185576 drawn on Karnataka Bank Ltd., H.S.R.Layout Branch, Bangalore. ii. A sum of Rs. 50,00,000/-(Rupees Fifty Lakhs only) is paid by respondent No.4 in the name of Sri.M.L.Govindaraj Gowda-the Appellant herein by way of demand draft dated 29.05.2024 bearing No. 185581 drawn on Karnataka Bank Ltd., H.S.R. Layout Branch, Bangalore. iii. A sum of Rs.48,50,000/-(Rupees Forty Eight Lakhs Fifty Thousand only) is paid by respondent No.4 in the name of Sri.M.L.Govindaraj Gowda-the appellant herein by way of demand draft dated:26.6.2024 bearing No.185583 drawn on Karnataka Bank Ltd., H.S.R.Layout Branch, Bangalore. iv. A sum of Rs.91,250/-(Rupees Ninety-One Thousand Two Hundred and Fifty only) is paid towards TDS on 6.8.2024 under the pan of appellant herein 26QB acknowledgement No.AL08726281. v. A sum of Rs.91,250/-(Rupees Ninety-One Thousand Two Hundred and Fifty only) is paid towards TDS on 6.8.2024 under the pan of appellant - 5 - NC: 2024:KHC:32528 MFA No. 8842 of 2023 herein 26QB acknowledgement No.AL08725500. vi. A sum of Rs.30,00,000/-(Rupees Thirty Lakhs only) is paid by respondent No.4 in the name of Sri.M.L.Govindaraj Gowda-the Appellant herein byway of demand draft dated:26.7.2024 bearing No.185586 drawn on Karnataka Bank Ltd., H.S.R.Layout Branch, Bangalore vii. A sum of Rs. 2,17,500/-(Rupees Two Lakhs Seventeen Thousand Five Hundred only) is paid by Respondent No.4 in the name of Si.M.L. Govindaraj Gowda-the Appellant herein by way of demand draft dated:6.8.2024 bearing No.197834 drawn on Karnataka Bank Ltd., H.S.R.Layout Branch, Bangalore

In view of settlement arrived as stated, the appellant affirm and confirm that the MOU dated: 12.8.2014 entered into between the appellant and respondent No.1 stands cancelled.

It is hereby clarified that the name L.Govindaraj as in Aadhaar and Pan Card and the name M.L.Govindararaja Gowda as appellant herein are one and the same and the same refers to the appellant herein.

That the Appellant have no claims whatsoever against the Respondents. Wherefore, it is respectfully prayed that this Hon'ble court may be pleased to kindly dispose of the above case as settled between the parties as per settlement - 6 - NC: 2024:KHC:32528 MFA No. 8842 of 2023 agreement dated: 08.10.2020, in the ends of justice and equity. "

3. Two cheques were handed before this Court by the learned counsel for the appellant to the respondents. In the light of the memo filed by the learned counsel for the appellant, learned counsel for the respondent submits that the appeal can be disposed off. Accordingly, the following: ORDER i. In the light of the compromise memo filed before this Court and the settlement arrived between the parties dated 08.10.2020, the appeal is disposed off. ii. The compromise memo shall be annexed to the order. iii. In respect of the pending applications, both the parties shall file an application before the trial court. iv. Accordingly appeal is disposed off. SD/- (LALITHA KANNEGANTI) JUDGE MEG, List No.: 1 Sl No.: 4