- 1 - NC: 2025:KHC:15571-DB MFA No. 4212 of 2017 [[ [[[ IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 4212 OF 2017 (AA) BETWEEN: M/S. ROLON FOAM RUBBERS SHED NO.6, JAI BHARATH INDUSTRIAL ESTATE, YESWANTHPUR, BANGALORE-560 022, REP. BY MR.D. NAGESH. …APPELLANT (BY SRI. CHANDRASEKHARAN K, ADVOCATE) AND: 1. M/S. JAI BHARATH MILLS (P) LTD., HAVING ITS REGD. OFFICE AT SYNDICATE HOUSE, MANIPAL, UDUPI TALUK AND DISTRICT-576 119 REP. BY ITS DIRECTOR: MR. P.RAGHUVEERA RAO 2. M/S. ICDS LIMITED HAVING ITS REGD., OFFICE AT SYNDICATE HOUSE, MANIPAL, UDUPI TALUK AND DISTRICT-576 119 Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15571-DB MFA No. 4212 of 2017 [[ [[[ REP.BY ITS GPA HOLDER MR. DINESH A.H 3. M/S. KURLON LTD., SHED NO.A2, A10 AND A15, JAIBHARATH INDUSTRIAL ESTATE, YESWANTHPUR, BANGALORE-560 022. HAVING ITS ADMIN., OFFICE AT 3RD FLOOR, NORTH BLOCK, MANIPAL CENTRE, NO.47, DICKENSON ROAD BANGALORE-560 042 REP. BY ITS COMPANY SECRETARY 4. M/S. ELECTRO CARBONIUM PVT. LTD., SHED NO. A3, JAIBHARATH INDUSTRIAL ESTATE, YESWANTHPUR, BANGALORE-560 022. REP.BY ITS DIRECTOR: MR. JASJIV SAHANEY 5. MR. S. SAHANEY MAJOR, SHED NO. A4, JAIBHARATH, INDUSTRIAL ESTATE, YESWANTHPUR, BANGALORE-560 022. 6. M/S. CAUVERY WOOD & CARD CONTAINERS SHED NO. C1 & C2, JAI BHARATH INDUSTRIAL ESTATE, YESWANTHPUR, BANGALORE-560 022. REP BY MR.K.R SUNDARESH 7. M/S. ARVIND FOUNDRY SHED NO. C5, JAIBHARATH, INDUSTRAIL ESTATE, YESWANTHPUR, - 3 - NC: 2025:KHC:15571-DB MFA No. 4212 of 2017 [[ [[[ BANGALORE-560 022. REP.BY ITS DIRECTOR: MR. ARVIND LODHA 8. MR. T. MAHESH HEGDE DISTRICT JUDGE (R), NO.380, " ANANDA" JUDGE COLONY, R.T. NAGAR, BANGALORE-560 032. …RESPONDENTS (BY SRI. A MADHUSUDHANA RAO, ADVOCATE FOR C/R1, SRI. AJITH ANAND SHETTY, ADVOCATE FOR R2, SRI. C.N.S SHASTRI, ADVOCATE FOR R5, R3 & R8 - SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 37(1) (c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGEMENT AND DECREE DT.09.03.2017 PASSED IN A.S.NO.53/2007 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.NO.25), DISMISSING THE SUIT FILED U/S.34 OF THE ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K - 4 - NC: 2025:KHC:15571-DB MFA No. 4212 of 2017 [[ [[[ ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that the matter has been settled between the parties and a joint memo of settlement is also placed on record. 2. It is stated therein that, the keys to the property i.e., Shed C6 situated at Sy.No.7/15, Jai Bharat Mills Industrial Estate, Yeshwanthapura, Bangalore, have been handed to respondent No.1. The respondent No.1 has made out a cheque for an amount of Rs.20,00,000/- bearing No.240269 dated 05.04.2025 drawn on Canara Bank in favour of Mr. Nagesh D. 3. In view of the joint memo and the settlement arrived at between the parties, the appeal is dismissed as settled out of court, subject to realization of the cheque. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 2 Sl No.: 5