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2025 DAILYLAW 34314 (KAR)

M/S B B METALS v. M/S SREE KANNAN METALS

RFA/2368/2024 · 2025-01-27

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3590 RFA No. 2368 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2368 OF 2024 (MON) BETWEEN: M/S B.B.METALS NO. 12/6-1, 1ST A CROSS, 6TH BLOCK, RAJAJINAGAR, BENGALURU-560 011. REPRESENTED BY ITS PROPRIETOR, SRI.BABAJAN HAMEED. …APPELLANT (BY SRI. HALESHA.R.G., ADVOCATE) AND: M/S. SREE KANNAN METALS, NO. 69/2, SEEGEHALLI GATE, MAGADI MAIN ROAD, BENGALURU-560 091. REPRESENTED BY ITS PROPRIETOR, SRI SURESH KUMAR. …RESPONDENT (BY SRI. MANJUNATHA.S.N., ADVOCATE FOR C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3590 RFA No. 2368 of 2024 ORAL ORDER Sri.Halesha.R.G., counsel for the appellant and Sri.Manjunatha.S.N., counsel for the respondent have appeared in person. Sri.Babajan - authorized person of the appellant Company and Sri.Suresh Kumar.S - authorized person of the respondent Company are personally present before the Court and they have been duly identified by their respective counsel. Counsel for the respective parties jointly submits that the appellant and the respondent have amicably resolved the dispute and accordingly, they have filed a joint memo for compromise. Counsel therefore, submits that the joint memo for compromise may be placed on record and the appeal may be disposed of in terms of the Joint Memo for Compromise. Submission is noted. The joint memo for compromise is placed on record. When queried, the authorized persons of the appellant and respondent Company stated that they have indeed settled the dispute and the appeal may be disposed of in terms of the Joint Memo for Compromise. They further state that they have - 3 - NC: 2025:KHC:3590 RFA No. 2368 of 2024 arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. Counsel for the respective parties further submits that the plaintiff has received total amount of Rs.6,00,000/- as full and final settlement. The oral submission made by the respective parties, their counsel and the joint memo for compromise is placed on record. The Regular First Appeal is disposed of in terms of the Joint Memo for Compromise. The Registry concerned is hereby directed to draw decree in terms of the Joint Memo for Compromise. The Registry concerned is also directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE MRP,TKN List No.: 1 Sl No.: 45