- 1 - HC-KAR NC: 2025:KHC:40200-DB COMAP No. 335 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 335 OF 2022 BETWEEN: 1. M/S ABHAYAHASTHA MULTI SPECIALITY HOSPITAL PVT LTD, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO 247/347, 2ND CROSS, KAGGADASAPURA MAIN ROAD, C V RAMANAGAR, BENGALURU-560 093, REP. BY ITS MANAGING DIRECTOR, DR AVINASH SHEKARANE 2. DR AVINASH SHERKANE, AGED ABOUT 46 YEARS, S/O MR ASHOK SHERKANE, NO 247/347, 2ND CROSS, KAGGADASAPURA MAIN ROAD, C V RAMANNAGAR, BENGALURU-560 093. …APPELLANTS (BY SRI. PRAVEEN KUMAR K N., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40200-DB COMAP No. 335 of 2022 AND: VARSHA CHETTRI, AGED ABOUT 38 YEARS, W/O MR PRAKASH CHETTRI, PROPRIETOR, M/S WAVELENGTH INTERIORS, CARRYING ON BUSINESS AT NO 1925, 2ND FLOOR, 10TH A BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENT (BY SRI. AMIT MANDGI, ADVOCATE C/R) THIS APPEAL IS FILED UNDER SECTION 13(1A) OF THE COMMERCIAL COURTS ACT 2015 R/W SECTION 96 R/W ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS AND TO SET-ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE LEAREND LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH-85 (COMMERCIAL COURT) IN COM.O.S.NO.511/2021 DATED 28/06/2022 AND TO DISMISS THE SUIT FILED BY THE RESPONDENT-PLAINTIFF WITH COSTS THROUGHOUT PAYABLE TO APPELLANTS. THIS APPEAL 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 - 3 - HC-KAR NC: 2025:KHC:40200-DB COMAP No. 335 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 28.06.2022 passed in Com. O.S. No.511/2021. 2. It is submitted at the Bar that the matter is settled before the mediation and the mediation report is placed on record. 3. We have perused the memorandum of settlement entered into between the parties before the mediation. The terms of the memorandum of settlement reads as under; "1. The Appellants have agreed to pay a sum of Rs.56,00,000/-(Rupees Fifty Six Lakhs Only) to the Respondent in full and final settlement of the claim made by the Respondent pursuant to the judgment and decree. The Respondent has agreed receive the said amount as full and final settlement of all her claim in the above case. 2. The respondent is entitled to withdraw a sum of Rs.29,18,720/-(Rupees Twenty Nine Lakhs Eighteen Thousand Seven Hundred and Twenty Only) which was deposited by the Appellants before this - 4 - HC-KAR NC: 2025:KHC:40200-DB COMAP No. 335 of 2022 Hon'ble Court and the Appellants have no objection for the same. And the sum of Rs.29,18,720/- (Rupees Twenty Nine Lakhs Eighteen Thousand Seven Hundred and Twenty Only) is to be treated as the part payment against the total agreed amount of Rs. 56,00,000/- (Rupees Fifty Six Lakhs Only). 3. The remaining balance amount of Rs. 26,81,280/- (Rupees Twenty Six Lakhs Eighty One Thousand Two Hundred Eighty Only) will be paid by the Appellants to the respondent with in 3 months i.e. 20.12.2025. The respondent has agreed for the same. 4. Both the parties agreed to the terms and conditions narrate above. In case of default of the payment of the agreed amount by the Appellants within three months i.e. 20.12.2025, the Appellants shall be liable to pay to the Respondent the decreetal amount of Rs. Rs.53,06,762/- (Rupees Fifty Three Lakhs Six Thousand Seven Hundred Sixty Two Only) along with interest @ 10% per annum from the date of decree and the court fee of Rs.2,08,261/- (Rupees Two Lakhs Eight Thousand Two Hundred Sixty One Only)." 4. In view of the same, appeal is disposed of in terms of the memorandum of settlement. - 5 - HC-KAR NC: 2025:KHC:40200-DB COMAP No. 335 of 2022 Registry shall draw decree in terms of the memorandum of settlement. The amount in deposit is directed to be released in favour of the respondent by the Registry. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 1