DUSTVEN PVT LTD vs SRI H A K RAO

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:58090
RFA No. 2008 of 2010
C/W RFA.CROB No. 21 of 2011


CNR: KAHC010916052010




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

REGULAR FIRST APPEAL NO. 2008 OF 2010 (MON)

C/W

RFA CROSS OBJECTION NO. 21 OF 2011



IN RFA NO. 2008/2010

BETWEEN:

1. SRI H A K RAO
S/O LATE DR. H. POORNIAH
CHARTERED ACCOUNTANT
NO.2/1, CONNAUGHT ROAD
BANGALORE- 560 052.
SINCE DEAD REP. BY LRS

1(A) SRI ANIL KUMAR HOSABETTU
AGED ABOUT 64 YEARS
S/O LATE SRI H A K RAO
RESIDING AT 68 MOUNTAIN STREET
ST
1 BLOCK, EAST JAYANAGAR
BENGALURU-560011.

1(B) SMT. BINA JAIDEV RAO
AGED ABOUT 61 YEARS
D/O LATE SRI. H.A.K. RAO
RESIDING AT 180 ARABIAN AVENUE
NAPERVILLE, U S A.
ALSO AT 68 MOUNTAIN STREET
ST
1 BLOCK EAST, JAYANAGAR
BENGALURU-560011
…APPELLANTS








(BY SMT. SHRIVIDYA ZIRALI, ADVOCATE
SMT. NIDHISHREE B V., ADVOCATE)
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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RFA No. 2008 of 2010
C/W RFA.CROB No. 21 of 2011


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AND:

1. M/S DUVENT FANS PVT LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO. 143, INFANTRY ROAD
BANGALORE-01
REP. BY ITS MANAGING DIRECTOR.

2. M/S DUST CONTROL & VENTILATION
PRIVATE LTD., A COMPANY REGISTERED
UNDERTHE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE
AT NO. A 175-176 PEENYA INDUSTRIAL ESTATE
BANGALORE,REP BY ITS
MANAGING DIRECTOR.
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR
SRI. ADITYA NARAYAN., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED: 04.08.2010 PASSED IN
O.S.5115/1998 ON THE FILE OF THE XXX-ADDL. CITY CIVIL JUDGE,
BANGALORE, PARTLY DECREEING THE SUIT FOR RECOVERY OF
MONEY.

IN RFA.CROB NO. 21/2011
BETWEEN:
1. DUSTVEN PVT LTD
(FORMERLY KNOWN AS DUVENT
FANS PVT LTD A COMPANY REGISTERED
UNDER THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO.143, INFANTRY ROAD
BANGALORE-560001
REP. BY ITS MANAGING DIRECTOR.

R1(A) SRI. ANIL KUMAR
S/O LATE H A K RAO
AGED ABOUT 62 YEARS
RESIDING AT NO.68
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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RFA No. 2008 of 2010
C/W RFA.CROB No. 21 of 2011


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ST
1 BLOCK, JAYANAGAR EAST
BANGALORE-560 011.

R1(B) SMT. BINA RAO
D/O LATE H A K RAO
AGED ABOUT 59 YEARS
ST
R/AT NO.68 1 BLOCK
JAYANAGAR EAST BANGALORE-560011.

2. M/S DUST CONTROL & VENTILATION PRIVATE LTD
A COMPANY REGISTERED UNDER THE
COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO.A 175-176,PEENYA INDUSTRIAL ESTATE
BANGALORE REP. BY ITS
MANAGING DIRECTOR
...CROSS OBJECTORS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR
SRI. ADITYA NARAYAN, ADVOCATE)
AND:
SRI H A K RAO
S/O LATE DR H POORNIAH
CHARTERED ACCOUNTANT
NO.2/1, CONNAUGHT ROAD
BANGALORE-560052
...RESPONDENT
(BY SMT. SHRIVIDYA ZIRALI, ADVOCATE FOR
SMT. NIDHISHREE B V., ADVOCATE)
THIS RFA.CROB FIELD U/O-XLI, RULE-22 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED:04.08.2010 PASSED IN
O.S.5115/1998 ON THE FILE OF THE XXX-ADDL. CITY CIVIL JUDGE,
BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF
MONEY.
THIS APPEAL AND CROSS OBJECTION, COMING ON FOR FINAL
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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C/W RFA.CROB No. 21 of 2011


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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD


ORAL JUDGMENT
R.F.A.No.2008/2010 is filed by the plaintiff under
Section 96 of the Code of Civil Procedure, 1908 (for short,
‘CPC’), challenging the judgment and award dated
04.08.2010 passed by the XXX Additional City Civil Judge,
Bengaluru (for short, ‘Trial Court) in O.S.No.5115/1998.
2. RFA Crob No.21/2011 is filed by the defendants
under Order XLI Rule 22 of CPC, challenging the very
same judgment and decree.
3. For the sake of convenience, the parties are
referred to as per their ranking before the Trial Court.
4. The plaintiff filed a suit for recovery of money in a
sum of Rs.13,44,018/- from the defendants. The suit
came to be decreed partly holding that the defendants are
jointly and severally liable to pay Rs.1,14,864/- along with
interest @ 18% p.a. from 15.10.1996 till the date of the
suit and thereafter @ 9% p.a. till payment. Being
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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aggrieved by the said order, both the plaintiff and the
defendants are before this Court in the aforesaid R.F.A.
and R.F.A. Cross-objection.
5. During the pendency of these matters, there arose
another dispute between the parties and they filed a
company petition in COP No.83/1996. The order passed in
the company petition has been challenged by the
defendant by filing O.S.A.No.92/2002 before this Court.
This Court, by order dated 18.03.2003 directed the
defendant No.1 - Company to deposit Rs.3,65,792/-
before the Registry and the same has been kept in Fixed
Deposit. Thereafter, at the request of the parties, the
matter has been referred to Karnataka Mediation Centre,
Bengaluru. The parties have settled the matter before
the said Centre and have filed a Memorandum of
Settlement. The parties and learned counsel appearing for
the parties have signed the said Memorandum of
Settlement. The same is extracted below:
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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RFA No. 2008 of 2010
C/W RFA.CROB No. 21 of 2011


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“ MEMORANDUM OF SETTLEMENT UNDER SECTION
89 OF CPC READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE (MEDIATION)
RULES, 2005
The parties above named submit as follows:-
I. The Appellant herein had filed Original Suit bearing
O.S. No. 5115/1998 before the XXX Addl. City Civil
Judge, (CCH-31), Bengaluru, for the relief of realization
of an amount due from the defendant/Respondents
herein and the said suit was partly decreed on
15.10.1996 and the above appeal has been preferred
challenging a portion of the judgment and order passed
in O.S.5115/1998. The Respondent herein has also
filed Cross Objections No.21/2011 challenging a portion
of Judgment and Decree passed in O.S.No.5115/1998.
Both parties state that Appellant has filed Company
Petition No.83/1996 before the Hon'ble High Court of
Karnataka, Bengaluru against the
Defendant/Respondents, which petition came to be
disposed off on 07.08.2002 keeping all contentions of
both the parties left open. Challenging the order passed
in COP No.83/1996 the Defendant/Respondents
preferred O.S.A. No.92/2002 u/s. 483 of the
Companies Act, 1956 before the Hon'ble High Court of
Karnataka, Bengaluru. On 18.03.2003 the Hon'ble High
Court has directed the Defendant companies to deposit
Rs.3,65,792/- (Rupees Three Lakhs Sixty Five
Thousand Seven Hundred and Ninety Two Only) in the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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C/W RFA.CROB No. 21 of 2011


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High Court Registry, which amount is transferred to a
nationalized bank (SBI, Vidhana Soudha Branch) and is
in fixed deposit.
II. The aforesaid appeal was referred to mediation for
resolving the dispute between the parties. In the
course of mediation the LR of the Appellant Sri.
Hosabettu Anil Kumar and Smt. Bina Jaidev (LR of the
Appellant who has appeared in the mediation through
VC and has given GPA to her brother Sri. Hosabeetu
Anil Kumar) and the Respondent No.1 and Respondent
No.2 is represented by its Managing Director
Sri.Bharath Bail along with their respective counsel
were present and they have agreed to the following
terms and conditions:
1. The Defendant/Respondents in O.S.5115/1998
herein has agreed to pay to the Appellant/Plaintiff the
amount of Rs.3,65,792/- (Rupees Three Lakhs Sixty
Five Thousand Seven Hundred and Ninety Two Only)
which is transferred and lying in a fixed deposit in State
Bank of India, Bengaluru, should be transferred into
the account of Sri. Hosabettu Anil Kumar S/o. Late
Sri.H.A.K. Rao, along with accrued interest on the said
amount in the fixed deposit, as full and final settlement
of all the claims raised by the plaintiff in
O.S.No.5115/1998.
2. The Appellant/Plaintiff has agreed to receive the said
amount of Rs.3,65,792/- (Rupees Three Lakhs Sixty
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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Five Thousand Seven Hundred and Ninety Two Only) as
full and final settlement of all the claims raised against
the Defendant/Respondents in O.S.No.5115/1998.
3. Both parties admit and agree that they have no
further claims of whatsoever manner against each
other arising on the same cause of action.
4. Both parties herein agree to unequivocally to
withdraw all the allegations made against each other in
the pleadings of the present proceedings.
5. The parties admit and agree that there is no
collusion, force, fraud or any undue influence in filing
the above petition and entering into this compromise in
the aforesaid manner.
III. In view of the aforesaid agreement entered into
between the parties, the parties pray that this Hon'ble
Court be pleased to pass the appropriate orders in
terms of the agreement herein.
IV. Parties will appear before the Hon'ble Court as per
the directions of the Hon'ble Court, for passing
decree/orders in terms of the agreement.”
6. As per the settlement, registry is directed to
release the sum of Rs.3,65,792/- deposited by the
defendants before this Court in O.S.A.No.92/2002, which
is kept in Fixed Deposit in a Nationalized Bank, with
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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C/W RFA.CROB No. 21 of 2011


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accrued interest in favour of appellant No.1(a) Sri Anil
Kumar Hosabettu, after due verification.
7. The learned counsel appearing for the respondents
submits that, respondents have no objection to the release
pf the amount in favour of appellant No.1(a).
8. With the above terms, the appeal and the cross-
objection stand disposed of.
Registry is directed to draw the decree in terms of
the settlement.
In view of disposal of the appeal and the cross-
objection, all pending applications stand disposed of.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA


(H.T. NARENDRA PRASAD)
JUDGE



CM
LIST NO.: 1 SL NO.: 65