- 1 - HC-KAR NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO COMMERCIAL APPEAL NO. 563 OF 2024 BETWEEN: M/S MS3 MEDITECH LLP A LIMITED LIABILITY PARTNERSHIP INCORPORATED UNDER THE PROVISIONS OF THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 OLD OFFICE AT NO. 662/3/2 AREHALLI, ITTAMADU MAIN ROAD, SUBRAMANYAPURA, BENGALURU 560061. HAVING PRESENT OFFICE AT PLOT NO 276D, PHASE 4 AVVERAHALLI INDUSTRIAL AREA( KIADB), DABASPETE NELAMANGALA TALUK, BENGALURU RURAL- 562111 REPRESENTED BY ITS PARTNER MR. SOORYANARAYAN PUJAR PUJARSV@GMAIL.COM …APPELLANT (BY SMT. SUJA SURENDRAN FOR SRI UGRAPPA V.S. ADVOCATE) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 AND: VCNR BUILDERS AND DEVELOPERS LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT CNR TOWER, NO.135/41,42, 5TH FLOOR OPP. BINNAMANGALA NURSERY VINAYAK NAGAR, B.H. ROAD NELAMANGALA, BENGALURU - 562111 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. KIRAN Y.G. …RESPONDENT (BY SRI. SHAMANTH S.N. FOR C/RESPONDENT) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURT ACT, 2015 PRAYING TO A) CALL FOR THE RECORDS OF COMM.OS NO.71/2023 FROM THE COURT OF XI ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU AND AFTER GOING THROUGH THE LEGALITY, PROPRIETY OR OTHERWISE AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. It is submitted by the learned counsel on either side that the dispute between the parties has been settled out of the Court. It is submitted that the terms of the settlement has been reduced to writing and is part of the compromise petition filed today before this Court. 2. In the above view of the matter, the terms of settlement which are recorded at Paragraph Nos.5 and 6 of the compromise petition which reads as under; “P5. As part of the settlement, the Appellant/defendant has paid and the Respondent/plaintiff has received an amount Rs.45,90,000/-(Rupees Forty Five Lakhs Ninty Thousand Only) as full and final settlement towards satisfaction of the judgment and decree dated 19/10/2024 passed in Comm. O. S. No. 71 of 2023. P6. In this regard, the Appellant has paid to the Respondent the said amount in the following manner: i) The Appellant has paid a sum of Rs.10,90,000/- (Rupees Ten Lakh Ninty thousand Only) to the Respondent by way - 4 - HC-KAR NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 of RTGS on 17/06/2025 from bank acocunt no. 50200046140490 at HDFC Bank, Padmanabhanagara Brach, Bengaluru with reference No. RRR1682590734536. The same is duly accepted and acknowledged by the Respondent. ii) The Appellant has paid a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakh Only) to the Respondent by way of RTGS on 17/06/2025 from bank account no. 59109535222666 at HDFC Bank, BSK 5th Stage Branch, Bengaluru with reference No. RRR1682590737051. The same is duly accepted and acknowledged by the Respondent. iii) The Appellant has paid a sum of Rs.5,00,000/- (Rupees Five Lakh Only) to the Respondent by way of RTGS on 17.06.2025 from bank account no.59109535222666 at HDFC Bank, BSK 5th Stage Branch, Bengaluru with reference No.RRR1682590737326. The same is duly accepted and acknowledged by the Respondent. iv) The Appellant has paid a sum of Rs.5,00,000/- (Rupees Five Lakh Only) to the Respondent by way of RTGS on 17/06/2025 from bank account no.33937334649 at State Bank of India, Channasandra Branch, Bengaluru with reference No.SBINR12025061789145834. The same is duly accepted and acknowledged by the Respondent.” - 5 - HC-KAR NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 3. The appeal is disposed of in terms of the compromise entered into between the parties. The compromise petition is therefore allowed. 4. Decree shall be drawn up in accordance with the compromise entered into between the parties. 5. The request for refund of Court fee shall be dealt with in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 12