M/S. PATEL INTEGRATED LOGISTICS LTD vs SRI. K N UMESH BABU

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K


REGULAR FIRST APPEAL NO. 1305 OF 2019 (MON)

BETWEEN:

1. M/S. PATEL INTEGRATED LOGISTICS LTD
REGD. OFFICE & HEAD OFFICE AT
TH
"PATELL HOUSE", 5 FLOOR, PLOT NO.48,
GAZDAR BANDH, NORTH AVENUE ROAD,
SANTACRUZ(W) MUMAI-400054,
REPRESENTED BY ITS MANAGING DIRECTOR.

2. M/S PATEL INTEGRATED LOGISTICS LTD.
TH
19 KM, MADANAYAKANAHALLI,
MADAVARA POST, TUMKUR ROAD,
BANGALORE-562 123,
REPRESENTED BY ITS MANAGER &
OFFICER-IN-CHARGE.

THE APPELLAT ARE REPRESENTED BY
SRI ANIS MURALI, EXECUTIVE,
PERSONNEL & ADMINISTRATION,
M/S PATEL INTEGRATED LOGISTICS LTD.
REGIONAL OFFICE, NO.2, MISSION ROAD,
BENGALURU-560 002
…APPELLANTS

(BY SRI. SANJEEV B.L AND K.S. ABHIJIT,










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

SRI. B.S. SRINIVAS, ADVOCATES)




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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



AND:

SRI. K.N UMESH BABU
S/O LATE K.B.NANJUNDAIAH SETTY,
AGED ABOUT 48 YEARS,
PROPREITOR,
M/S SRI SAPTHAGIRI TYRES,
NO.264, I MAIN ROAD,
CHAMARAJAPET, BENGALURU-560 018
…RESPONDENT
(BY SRI. P.P. JAYAKUMAR AND
SRI. NANDISH R, ADVOCATES)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.03.2019 PASSED IN
OS.NO. 1412/2015 ON THE FILE OF THE V ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.

THIS APPEAL, COMING ON FOR 'REPORTING
SETTLEMENT', THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT
Learned counsel for the respective parties filed a
compromise petition dated 12.10.2026 under Order XXIII Rule
3 read with Section 151 of CPC duly signed by them as well as
the respective parties and jointly submitted that the parties
have amicably settled their dispute and as such, the appeal
may be disposed of in terms of the compromise petition.

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



2. The same is taken on record. The respondent is
present before the Court and is identified by the counsel.
3. The aforesaid compromise petition reads as under:

1. Whereas the Respondent herein had instituted a suit
for recovery of money against the Appellant before the
Hon'ble City Civil Court, Bengaluru, in O.S. No.
1412/2015, seeking recovery of a sum of Rs.
11,66,366/- (Rupees Eleven Lakhs Sixty-Six Thousand
Three Hundred and Sixty-Six only). The Hon'ble Court,
upon consideration of the pleadings and material on
record, was pleased to allow the said suit and pass a
Judgment and Decree in O.S. No.1412/2015, directing
the Appellant herein to pay to the Respondent a sum of
Rs.11,66,366/-, together with interest at the rate of 6%
per annum from the date of the suit till the date of
realization, along with such other reliefs as granted
under the said Judgment and Decree.

2. Aggrieved by the Judgment and Decree passed in O.S.
No.1412/2015, the Appellant preferred the above appeal
and during the pendency of the said appeal, the Hon'ble
High Court of Karnataka, vide its order dated
05.03.2020, was pleased to grant stay of the operation
and execution of the Judgment and Decree passed in
O.S. No.1412/2015, subject to the condition that the
Appellant shall deposit 50% of the decretal amount
before the concerned Court.

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



3. It is further submitted that in compliance with the
aforesaid order, the Appellant deposited a sum of
Rs.5,83,183/- (Rupees Five Lakhs Eighty-Three
Thousand One Hundred and Eighty-Three only) on
17.01.2021 before the Registrar, City Civil Court,
Bengaluru, pursuant to the order passed by the Hon'ble
High Court.

4. It is submitted that during the pendency of the above
appeal, the Appellant and the Respondent with a view to
bring an end to the litigation and to avoid further
expenditure, delay and uncertainty, mutually discussed
the matter and have amicably resolved and settled all
their disputes arising out of the subject matter of O.S.
No. 1412/2015 and the connected appeal and the
Appellant and the Respondents have agreed to settle the
said appeal in terms of money inter alia on the following
terms and conditions:-

a. Pursuant to the settlement arrived at between the
Parties, the Parties have mutually agreed that the entire
dispute shall be settled for a lump-sum amount of Rs.
11,00,000/- (Rupees Eleven Lakhs only), which shall
constitute the full and final settlement amount payable in
respect of the Judgment and Decree passed in O.S.
No.1412/2015 and all claims arising therefrom. Out of
the aforesaid settlement amount of Rs. 11,00,000/-, the
sum of Rs.5,83,183/- already deposited by the Appellant
before the Registrar, City Civil Court, Bengaluru, shall
form part of the settlement amount.

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019




b. Accordingly, the Respondent has agreed to withdraw
and receive the amount of Rs.5,83,183/- already
deposited before the Registrar, City Civil Court,
Bengaluru, and the Appellant has agreed to pay the
remaining balance settlement amount of Rs.5,16,817/-
(Rupees Five Lakhs Sixteen Thousand Eight Hundred and
Seventeen only) to the Respondent within a period of
three (3) months from the date of recording of this
settlement by the Hon'ble Court.

c. The Respondent has agreed that upon receipt of the
aforesaid total settlement amount of Rs.11,00,000/-.
comprising the amount already deposited before the
Court and the balance amount payable by the Appellant,
the same shall be treated as full and final settlement of
all claims, demands, interest, costs and other amounts.
arising out of or in connection with O.S. No.1412/2015,
the Judgment and Decree passed therein and the
pending appeal.

d. The Respondent hereby agrees and consents to
withdraw the sum of Rs.5,83,183/- deposited by the
Appellant before the Registrar, City Civil Court,
Bengaluru, and the said amount shall be appropriated
towards the agreed settlement amount of Rs.
11,00,000/-.

e. The Appellant shall pay the balance sum of
Rs.5,16,817/- to the Respondent within three (3) months

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



from the date on which the Hon'ble Court records the
present settlement. The above amount mentioned shall
be paid by the Appellant to the Respondent to the below
bank account of the Respondent.

NAME: M/s Sri. Sapthagiri Tyres
ACCOUNT NO: 465900911
BANK NAME: Indian Bank
IFSC CODE: IDIB000C007
BRANCH: Chamrajpet
ACCOUNT TYPE: A/C

f. Upon receipt of the entire settlement amount of Rs.
11,00,000/-, the Respondent confirms that there shall be
no further claim whatsoever against the Appellant in
respect of the subject matter of O.S. No.1412/2015, the
Judgment and Decree passed therein, the decretal
amount, interest, costs or any other claim arising out of
the said proceedings.

g. Upon receipt of the entire settlement amount, the
Respondent shall have no objection to the pending
appeal being disposed of in terms of this Settlement
Agreement, and the Judgment and Decree passed in O.S.
No.1412/2015 shall stand satisfied to the extent and in
the manner agreed under this settlement.

h. Upon full payment of the settlement amount, neither
Party shall have any further claim, demand or cause of
action against the other in respect of the subject matter

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



of the said suit, Judgment and Decree and the pending
appeal. The Parties undertake to abide by the terms and
conditions contained herein and shall take all necessary
steps before the Hon'ble Court for recording the
settlement and disposal of the pending proceedings.

i. In the event the Appellant is entitled to or is permitted
by the Hon'ble Court to claim refund of the court fee paid
in connection with the proceedings, the Appellant request
this Hon'ble Court to pass appropriate orders directing
the concerned Registrar to permit the Appellant to
withdraw the eligible amount of court fee refundable in
accordance with law.

j. In view of the aforesaid settlement arrived between
the parties, the Plaintiffs pray for the refund of the
court/institution fees in view of the compromise entered
into between the parties as per Section 89 of the Code of
Civil Procedure.

k. The Appellant and the Respondent herein have agreed
to the terms of the aforesaid agreement of their own free
will and violation without having any kind of force or
compulsion of whatsoever nature and admitted terms of
the compromise.
4. Placing reliance on the compromise petition, the
appeal is disposed of in terms of the compromise petition.

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HC-KAR
NC: 2026:KHC:57316
RFA No. 1305 of 2019


CNR: KAHC010301252019



5. The Court fee shall be refunded to the respective
parties in accordance with law.





SD/-
(RAJESH RAI K)
JUDGE





PKS
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