M/S SANJEEVINI HEALTH CARE vs M/S.VIJAYALAKSHMI AND ASSOCIATES
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
COMMERCIAL APPEAL NO. 158 OF 2026
BETWEEN:
1. M/S SANJEEVINI HEALTH CARE
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.1 AND 2,
GAURAV COMPLEX, IST A' CROSS,
KUNDANAHALLI (BEHIND INDIAN
OVERSEAS BANK),
BENGALURU-560 037
REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE
OF ITS PARTNER
DR. PRADEEP KUMAR T.J
S/O LATE T.K JANAKIRAMULU NAIDU
AGED ABOUT 54 YEARS
2. M/S.BROOKEFIELD HOSPITAL
(A UNIT OF BROOKEFIELD
SANJEEVINI HOSPITAL PRIVATE LIMITED,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT,
SY. NO.123/1, KHATA NO.736.
VIJAYALAKSHMI SQUARE,
KUNDALAHALLI MAIN ROAD,
WHITEFIELD,
BENGALURU-560037
REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE AND ITS DIRECTOR
DR. PRADEEP KUMAR T.J
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
S/O LATE T.K JANAKIRAMULU NAIDU
AGED ABOUT 54 YEARS
…APPELLANTS
(BY SRI. LAKAMAPURMATH CHIDANANDAYYA., ADVOCATE)
AND:
1.
M/S.VIJAYALAKSHMI AND ASSOCIATES
A PARTNERSHIP FIRM,
REPRESENTED BY ITS PARTNERS:
MRS. V. VIJAYALAKSHMI 1.
W/O NOT KNOWN
AGE NOT KNOWN
2. MRS.T.SREELATHA
W/O NOT KNOWN
AGE NOT KNOWN
3. MR.M.PRATHAP REDDY
W/O NOT KNOWN
AGE NOT KNOWN
4. MR.M.KIRAN KUMAR
W/O NOT KNOWN TO
THE APPELLANTS
AGED NOT KNOWN
TO THE APPELLANTS
HAVING ITS OFFICE AT NO.90,
3RD CROSS,
BHUVANESHWARI NAGAR,
C.V. RAMAN NAGAR POST,
BENGALURU-560 093.
…RESPONDENTS
(BY SMT. NAYANA TARA B.G, ADVOCATE FOR
C/R(CP No.3667/26) & ALSO ACCEPTS NOTICE
FOR RESPONDENTS)
- 3 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
THIS COMAP IS FILED UNDER SECTION 13(1A) OF CPC
PRAYING TO CALL FOR RECORDS FROM LXXXIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 90) AND
SET ASIDE THE ORDER DATED 09.02.2026 ON IA NO. 2 AND 5
FILED U/O 39 AND RULE 1 AND 2 OF CPC IN COM.OS NO.
1361/25 IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present commercial appeal under Section 13(1A) of
the Commercial Courts Act, 2015 is filed against the judgment
and decree dated 09.02.2026 passed by the LXXXIX Addl. City
Civil and Sessions Judge, Bengaluru (CCH-90) in
Com.O.S.No.1361/2025.
2. During the pendency of this appeal, the parties
have amicably settled their dispute outside the Court and have
filed a Joint Compromise Petition under Order XXIII Rule 3 read
with Section 151 of the Code of Civil Procedure, 1908 (CPC),
seeking for a consent decree to be passed in terms of the
compromise set out in the application.
- 4 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
3. The application has been filed by the appellants as
well as on behalf of the respondent-M/s. Vijayalakshmi and
Associates, through one of its partners who has been duly
authorized to enter into the compromise and present this
application under Order XXIII Rule 3 read with Section 151 of
the CPC. The authorizations have been placed on record along
with the application. The application has also been signed by
the parties as well as their respective learned counsels.
4. The parties are present before this Court and have
been duly identified by their respective counsels.
5. We have interacted with the appellants and
respondents, who have unequivocally submitted that they have
entered into this compromise out of their own free will, without
any force, coercion, or undue influence.
6. Having been satisfied that the consent terms have
been executed without any force, coercion, or undue influence,
we proceed to pass a consent decree in terms of the
compromise stated in the application. The terms of the
compromise are extracted hereunder:
- 5 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
"JOINT COMPROMISE PETITION UNDER ORDER
XXIII RULE 3 READ WITH SECTION 151 OF CODE OF
CIVIL PROCEDURE
The Parties submit as follows:
1. The Appellants are the Plaintiffs in Com O.S. No. 1361
of 2025 and the Respondent is the Plaintiff in Com O.S.
No. 777 of 2026 before the LXXXIX Additional City Civil
and Sessions Judge, Bengaluru (" Commercial Court ").
2. The present Appeal arises from Com OS No. 1361 of
2025 challenging Order dated 9.2.2026 on IA No. 2 and 5
wherein the Commercial Court has dismissed the said
applications filed by the Appellants.
3. The Appellant and Respondent executed a registered
Lease Deed dated 17.9.2010 registered in the office of the
jurisdictional Sub-Registrar for a period of 15 years in
respect of property bearing 521 and 522 assigned BBMP
Khata No. 736/521/123/1 comprising of eastern portion
on the ground floor and first floor and second floor in all
measuring 32,500 square feet in building known as
"Vijayalakshmi Square" on ITPL Main Road, Kundalahalli,
KR Puram Hobli, Bangalore East Taluk owned by the
Respondent (" Demised Premises ").
4. The Lease Deed expired by efflux of time on 30.9.2025
and thereafter the Respondent issued an eviction notice to
the Appellants. The Appellants had also taken the third
floor on lease which has since been surrendered and there
is no dispute with regard to the same and it is not the
subject matter of present dispute.
5. With the intervention of well-wishers, the Parties hereto
have amicably resolved their disputes and have arrived at
the following terms of compromise.
6. The Appellant is represented by Dr. Pradeep Kumar
T.J., duly authorized by the board of Directors of the 2nd
Appellant and the Partners of the Appellant. Dr. Pradeep
Kumar T.J. is competent to represent the Appellants
before this Hon'ble Court and sign this Compromise
Petition. The AADHAR Card of authorized representative of
the Appellants, Dr. Pradeep Kumar T.J. is produced at
DOCUMENT NO.1. The Board Resolution and
Authorization dated 02.11.2026 authorising Dr. Pradeep
Kumar T.J. to sign this Compromise Petition are produced
herewith as DOCUMENT NOS. 2 and 3 respectively .
- 6 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
7. The Respondent is represented by Mr. M. Prathap
Reddy being its Partner and he has been authorized by all
the partners of the Respondent-Firm to sign the
Compromise Petition and admit the Compromise Petition.
The AADHAR Card of Mr. Prathap Reddy, the Partner of
the Respondent-Firm and the authorized representative of
the Defendant/Respondent is produced at DOCUMENT
NO.4. The letter of authorization from the Partners given
to Mr. M. Prathap Reddy to sign this Compromise Petition
is produced at DOCUMENT NO.5 .
8. The parties hereby record the following terms of
compromise:
a. The Appellants will quit and deliver vacant physical
possession of the Demised Premises to the Respondent-
Firm represented by any one of the Partners without
inducting any third party to the Demised Premises on
31.10.2027 (" Handover Date ").
b. The Appellants are entitled to handover the possession
before 31.10.2027 at their discretion.
c. The Appellants shall undertake the following prior to
Handover Date (" Pre-Handover Obligations "):
i. The Appellants shall stop admitting any patients 48
hours prior to the Handover Date. Even if the Grace Period
is allowed, the Appellant shall not treat any patient 3 days
prior to the Handover Date. The presence of the patients
will not come in the way of handing over the possession of
the Demised Premises.
ii. The Appellants and Respondent shall undertake joint
inspection of the Demised Premises 10 days prior to the
Handover Date at a mutually convenient time.
iii. The Appellants shall furnish a ledger indicating that
rent and maintenance charges are paid up to date 10 days
prior to the Handover Date.
iv. The Appellants shall remove all fixtures and fittings it
has installed in the Demised Premises and Common Areas
prior to Handover Date. It is needless to state that
removal of fixtures and fittings shall not be a reason to
delay handover beyond the Handover Date. After handing
over the physical possession including the grace period if
extended, if there are any equipment or material left over,
- 7 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
the Respondent is entitled to remove those equipments
and the Appellants shall not have right on the said
equipment or material.
d. The Appellant may seek grace period (" Grace Period ")
of a maximum of one (1) month from 31.10.2027 for
handing over the possession of the Demised Premises.
The rent for the grace period is also the same as agreed in
this Compromise Petition.
e. It is agreed and understood that if the Appellant does
not deliver vacant physical possession of the Demised
Premises on or before 31.10.2027 or the extended grace
period if any, as agreed in this Compromise Petition, the
Respondent shall be at liberty to file necessary petition
before the concerned court to execute the decree to be
passed in pursuance of this Compromise Petition and
secure vacant physical possession of the Demised
Premises.
f. In the event the Appellants fail to handover vacant
physical possession on or before the Handover Date
(including the Grace Period if granted) the Appellant shall
pay Rs.32,00,000/- (Rupees Thirty-Two Lakhs Only)
as liquidated damages per month till the date of actual
physical handover of the Demised Premises beyond the
Handover Date plus one month grace period if any.
g. The Respondent shall retain a sum of Rs.10,00,000/-
(Rupees Ten Lakhs Only) towards repair and
refurbishment of the Demised Premises from the Security
Deposit of Rs.75,70,332/-. The Respondent shall
simultaneously refund a sum of Rs.65,70,332/-
(Rupees Sixty-Five Lakh Seventy-thousand three
hundred and thirty-two only) ("Balance Security
Deposit ") at the time of handing over the physical
possession of the Demised Premises in favour of the
Appellants after receiving the rents plus maintenance up
to the date of handing over of the Demised Premises.
h. The Appellants shall pay a sum of Rs.17,37,904/- per
month which is inclusive of GST payable as Rent from
1.11.2026 till the Handover Date including the Grace
Period if any along with charges towards maintenance and
utilities etc.
i. The rent of Rs.17,37,904/- which is inclusive of
GST per month is applicable for the actual period of
occupation of the Demised Premises with the maximum
- 8 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
period of 12 months and the grace period if granted by
the Respondent.
j. The Respondent shall raise the tax invoice on or before
the 3rd of every month enabling the Appellants to pay the
rent on or before the 10th of every month.
k. In the event the Appellants fail to pay the Rent or any
charges payable, the Respondent shall be at liberty to file
necessary petition before the concerned court to execute
the decree to be passed in pursuance of this Compromise
Petition and secure vacant physical possession of the
Demised Premises without waiting for the Handover Date.
l. In terms of the decree to be passed in terms of the
present Petition, the Appellants shall withdraw Com O.S.
No.1361/2025 and Respondent shall withdraw Com OS.
No. 777/2026 no later than 5 working days from the date
of receipt of certified copy of the judgment and decree to
be passed in terms of this Compromise Petition.
m. It is agreed and understood that the present
Compromise Petition shall not be construed as renewal or
extension of the Lease Deed in any manner. The parties
agree that the Lease Deed has stood expired by efflux of
time.
n. The Parties hereto state that at the time of handing
over the possession of the Demised Premises, the Balance
Security Deposit shall be refunded to the Appellants,
subject to the payment of Rent and maintenance charges
being paid up to date by the Appellants, no further claims
will remain and the Parties or anyone claiming under them
shall not make any new claims nor file any further
proceedings before any court of law in respect of the
Lease Deed.
o. The Parties have executed this Compromise Petition out
of their own free will and without any coercion from any
quarter.
p. The Parties have read and understood the terms of this
Compromise Petition.
q. The terms of this compromise entered by the
Appellants are binding on Brookfield Sanjeevini Healthcare
Private Limited also."
- 9 -
HC-KAR
NC: 2026:KHC:61291-DB
COMAP No. 158 of 2026
CNR: KAHC010200662026
7. Let the consent decree be drawn in the aforesaid
terms. The parties shall be entitled to a refund of the court
fees, if any, in accordance with the relevant rules. The
commercial appeal is accordingly disposed of in terms of the
compromise.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(H.SHANTHI BHUSHAN)
JUDGE
RKA
CT:SN
List No.: 2 Sl No.: 10