- 1 - NC: 2025:KHC:1052-DB RFA No. 525 of 2022 C/W RFA No. 520 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 525 OF 2022 (SP) C/W REGULAR FIRST APPEAL NO. 520 OF 2022 (MON) IN RFA No. 525/2022: BETWEEN: CITYMAX HOSPITALITY INDIA PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT 3RD FLOOR, 77 DEGREE TOWN CENTRE BUILDING No.3, WEST WING OFF HAL OLD AIRPORT ROAD YEMLUR P.O. BENGALURU-560 037 REP. BY ITS AUTHORIZED SIGNATORY MR. SHANKAR RAO …APPELLANT (BY SRI. MANU P. KULKARNI, ADVOCATE) AND: BOILING POINT COMMUNICATIONS (P) LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT No.103, MEGH APTS. SY.No.39/33, LANE No.9 PRABHAT ROAD, OPP. AYURVED RASSASHALA, PUNE-411 004 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1052-DB RFA No. 525 of 2022 C/W RFA No. 520 of 2022 OPERATING OFFICE AT No.5/5 VIVEKANAND SOCIETY TH KATARIA MARG, MAHIM MUMBAI-400 016 REP. BY ITS DIRECTOR MS. JANVI N KARVIR …RESPONDENT (BY SRI. SHAMANTH S.N., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.11.2021 PASSED IN O.S. No.25564/2012 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGLAURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY AND ETC. IN RFA NO. 520/2022: BETWEEN: CITYMAX HOTELS (INDIA) PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT Nos.39.3 AND 44 2ND FLOOR, ABOVE SPAR HYPERMARKET BANNERGHATTA ROAD BENGALURU-560 029 REP. BY ITS AUTHORIZED SIGNATORY MR. SHANKAR RAO ...APPELLANT (BY SRI. MANU P. KULKARNI, ADVOCATE) AND: BOILING POINT COMMUNICATIONS (P) LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT No.103, MEGH APTS SY.No.39/33, LANE No.9 PRABHAT ROAD, OPP. AYURVED RASSASHALA, PUNE-411 004 - 3 - NC: 2025:KHC:1052-DB RFA No. 525 of 2022 C/W RFA No. 520 of 2022 OPERATING OFFICE AT No.5/5 VIVEKANAND SOCIETY TH KATARIA MARG, MAHIM MUMBAI-400 016 REP. BY ITS DIRECTOR MS. JANVI N KARVIR ...RESPONDENT (BY SRI. SHAMANTH S.N., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.11.2021 PASSED IN O.S. No.25565/2012 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGLAURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that the dispute between the parties have been settled in mediation. The settlement has been drawn up reduced into writing and duly signed by the parties as well as their counsel. - 4 - NC: 2025:KHC:1052-DB RFA No. 525 of 2022 C/W RFA No. 520 of 2022 2. The said report of settlement in mediation filed along with memo and same is placed on record. 3. In the above view of the matter, this appeal is disposed of in terms of the settlement arrived at between the parties. The decree is to be drawn up in terms of the settlement. 4. The admissible Court fee paid shall be refunded to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 3 Sl No.: 3