- 1 - HC-KAR NC: 2025:KHC-D:14373-DB COMAP No. 100004 of 2020 C/W COMAP No. 100005 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. COMMERCIAL APPEALS NO.100004 OF 2020 C/W COMMERCIAL APPEALS NO.100005 OF 2020 IN COMAP NO.100004/2020: BETWEEN: M/S. LAKSHMI AUTOMOBILES R/BY ITS MANAGING PARTNER, SRI. P.L. VENKATESULU S/O P. THIMMAPPA, DEALERS IN TVS MOTOR COMPANY LTD., PARVATHINAGAR, 2ND CROSS, BALLARI-583102. …APPELLANT (BY SRI. B. CHIDANANDA, ADVOCATE) AND: SRI. LAKSHMI MOTORS R/BY ITS PROPRIETOR, SRI. HEMANTH, SUB-DEALER IN TVS MOTOR COMPANY LTD., NANDHAN COMPLEX, NEAR NEW KSRTC BUS-STAND, BALLARI ROAD, SANDUR-583119. …RESPONDENT (BY SRI. H.R. DESHPANDE AND SMT. USHA H. DESHPANDE, ADVOCATES) THIS COMMERCIAL APPEAL IS FILED UNDER SEC.13(1)(A) OF THE COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.11.2019, MADE IN COM O.S. NO.50/2019, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BALLARI AND FURTHER TO DECREE THE SUIT, IN THE INTEREST OF JUSTICE & ETC. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14373-DB COMAP No. 100004 of 2020 C/W COMAP No. 100005 of 2020 IN COMAP NO. 100005/2020: BETWEEN: M/S. LAKSHMI AUTOMOBILES R/BY ITS MANAGING PARTNER, SRI. P.L. VENKATESULU S/O P. THIMMAPPA, DEALERS IN TVS MOTOR COMPANY LTD., PARVATHINAGAR, 2ND CROSS, BALLARI-583102. ...APPELLANT (BY SRI. B. CHIDANANDA, ADVOCATE) AND: SRI. LAKSHMI MOTORS R/BY ITS PROPRIETOR, SRI. HEMANTH, SUB-DEALER IN TVS MOTOR COMPANY LTD., NANDHAN COMPLEX, NEAR NEW KSRTC BUS-STAND, BALLARI ROAD, SANDUR-583119. ...RESPONDENT (BY SRI. H.R. DESHPANDE AND SMT. USHA H. DESHPANDE, ADVOCATES) THIS COMMERCIAL APPEAL IS FILED UNDER SEC.13(1) OF THE COMMERCIAL COURTS ACT 2015, PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 20.11.2019, MADE IN COM O.S.NO.50/2019, PASSED BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE (COMMERCIAL COURT) BALLARI IN ALLOWING THE COUNTER CLAIM FILED BY THE RESPONDENT/DEFENDANT IN THE ABOVE CASE AND FURTHER TO DISMISS THE COUNTER CLAIM FILED BY THE RESPONDENT/DEFENDANT UNDER ORDER 8 RULE 1 AND 6(A) OF CPC IN COM O.S.50/2019, IN THE INTEREST OF JUSTICE & ETC. THIS COMMERCIAL APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14373-DB COMAP No. 100004 of 2020 C/W COMAP No. 100005 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) These two appeals are directed against judgment and decree dated 20.11.2019 passed in Com.OS No.50/2019 on the file of learned IV Addl. District & Sessions Judge (Commercial Court), Ballari. 2. By order dated 15.07.2025, these appeals were referred to Mediation at Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad for exploring the possibility of settlement. 3. The appellant and respondent are present before the Court and they are duly identified by their respective counsels. Both parties submit that they have settled their dispute among themselves and to that effect, they have entered into memorandum of agreement under Section 89 of Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. The said memorandum of agreement is placed on record. - 4 - HC-KAR NC: 2025:KHC-D:14373-DB COMAP No. 100004 of 2020 C/W COMAP No. 100005 of 2020 4. The terms of memorandum of agreement read as under: “a) The appellant/plaintiff i.e. (Lakshmi Automobiles), in O.S. No.50/2019 has R/by its Managing Partner Sri. P.L. Venkatesalu, S/o P. Thimmappa has mutually agreed to withdraw the claim made in O.S. No.50/2019 and has given up is claim of Rs.9,05,132/- (Nine Lakh Five Thousand One Hundred Thirty Two Rupees) cost and future interest of 18% per annum for the full and final settlement of the claim and he shall not have any claim against the respondent i.e. (Lakshmi Motors), so also the defendant/Respondent herein i.e. the cross objector (Lakshmi Motors) R/by its Proprietor Sri. Hemanth, has given up the claim of decreetal amount of Rs.5,38,942/- (Five Lakhs Thirty Eight Thousand Nine Hundred Forty two only) with future interest at 6% per annum from 04.08.2017 till realization, for the full and final settlement of the claim and he shall not have any claim against the appellant/plaintiff i.e. (Lakshmi automobiles), b) It is submitted that, in view of the settlement arrived at by the parties in commercial appeals COMAP No.100004/2020, C/W COMAP No.100005/2020, challenged the said judgment and decree of IV Addl. District and Session Judge Ballari, (Commercial Court) made in O.S. No.50/2019, passed on 20.11.2019, may kindly be set aside. And further the Respondent herein i.e., (Lakshi Motors) R/by its proprietor Sri. Hemanth is going to withdraw the E.P.202 of 2021 pending on the file of IV Addl. District and Session Judge Ballari, (Commercial Court) made in O.S. No.50/2019, within 10 days from today. c) Accepting the above statements, these Appeals may be disposed of as settled in terms of compromise between the parties in the interest of justice. d) The terms of this compromise petition which are written down in English Language are read over and explained in Kannada language to the parties, who after having fully understood the same have affixed their - 5 - HC-KAR NC: 2025:KHC-D:14373-DB COMAP No. 100004 of 2020 C/W COMAP No. 100005 of 2020 respective signatures out of their free will and consent, without any coercion or undue influence.” 5. By way settlement, both the appellant and respondent have withdrawn their respective claims. Accordingly, both appeals stand disposed of in terms of settlement arrived at between the parties as extracted above. 6. The appellant shall be entitled for refund of admissible Court fee in terms of Section 66 of the Karnataka Court Fee and Suits Valuation Act, 1958. The Registry shall refund the admissible Court fee to the appellant on proper identification. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 2 SL NO.: 1