- 1 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100156 OF 2020 (MON) C/W REGULAR FIRST APPEAL NO. 100541 OF 2022, REGULAR FIRST APPEAL NO. 100543 OF 2022, REGULAR FIRST APPEAL NO. 100544 OF 2022 IN RFA NO.100156/2020 BETWEEN: SRI. GIRISH, S/O VEERANAGOUDA SOMANAGOUDAR AGE : 38 YEARS, OCC : ASSISTANT (NOW UNDER SUSPENSION), R/O : ISHWAR BADAVANE RAJEEV GANDHI NAGAR, DIST : GADAG-582207. …APPELLANT (BY SRI. ASHOK R. KALYANASHETTY AND SRI. PRAKASH S. GUDIHINDIN, ADVOCATES) AND: HUBALI ELECTRICITY SUPPLY COMPANY, LIMITED, GOVERNMENT OF KARNATAKA, NAVANAGAR P.B. ROAD HUBLI REPRESENTED, BY AUTHORIZED SIGNATORY EXECUTIVE, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.03.01 12:09:31 +0530 - 2 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 ENGINEER (ELE) O AND M DIVISION, HESCOM MULAGUND NAKA, GADAG-582101. …RESPONDENT (BY SRI. B.S. KAMATE, ADVOCATE FOR CAVEATOR/RESPONDENT) THIS RFA FILED UNDER SEC. 96 (1) READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO, JUDGMENT AND DECREE DATED 02.01.2020 PASSED IN O.S.NO.110/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, DECREEING THE SUIT FILED FOR RECOVERY OF MONEY. IN RFA NO.100541/2022 BETWEEN: GIRISH S/O. VEERANAGOUDA SOMANAGOUDAR AGE. 38 YEARS, OCC. ASSISTANT, R/O: ISHWAR BADAVANE, RAJEEV GANDHI NAGAR, DIST. GADAG-582207. …APPELLANT (BY SRI. ASHOK R. KALYANASHETTY AND SRI. PRAKASH S. GUDIHINDIN, ADVOCATES) AND: 1. HUBALI ELECTRICITY SUPPLY COMPANY LIMITED, GOVERNMENT OF KARNATAKA NAVANAGAR P.B. ROAD, HUBLI, REPRESENTED BY AUTHORISED SIGNATORY EXECUTIVE ENGINEER (ELE) O AND M DIVISION, HESCOM MULAGUND NAKA GADAG-582101. - 3 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 2. SRI. JEEVANAGOUDA B. MARIGOUDAR AGE.34 YEARS, OCC. CONTRACTOR R/O: BEHIND SAI TEMPLE, BHOOST PLOT, RAJEEV GANDHI NAGAR, GADAG-582207. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR CAVEATOR/RESPONDENT FOR R1) THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 CPC., PRAYING TO, ALLOWED THE JUDGMENT AND DECREE DATED 02.01.2020 MADE IN O.S.NO.156/2015 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE, GADAG AND SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA NO.100543/2022 BETWEEN: SRI. GIRISH S/O VEERANAGOUDA SOMANAGOUDAR AGE. 38 YEARS, OCC. ASSISTANT R/O: ISHWAR BADAVANE, RAJEEV GANDHI NAGAR, DIST. GADAG-582207. …APPELLANT (BY SRI. ASHOK R. KALYANASHETTY AND SRI. PRAKASH S. GUDIHINDIN, ADVOCATES) AND: 1. HUBALI ELECTRICITY SUPPLY COMPANY LIMITED, GOVERNMENT OF KARNATAKA NAVANAGAR, - 4 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 P.B. ROAD, HUBLI, REPRESENTED BY AUTHORISED SIGNATORY EXECUTIVE, ENGINEER (ELE) O AND M DIVISION HESCOM, MULAGUND NAKA, GADAG-582101. 2. SRI. HULLANAGOUDA, S/O MAHADEVAGOUDA BHARMAGOUDAR AGE.37 YEARS, OCC. RAILWAY EIMPLOYEE, R/O: BEHIND VETARANARY HOSPITAL, BETAGERI, GADAG-582101 …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR CAVEATOR/RESPONDENT FOR R1) THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 CPC., PRAYING TO, ALLOWED THE JUDGMENT AND DECREE DATED 02.01.2020 MADE IN O.S.NO.155/2015 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE, GADAG AND SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA NO.100544/2022 BETWEEN: GIRISH VEERANAGOUDA SOMANAGOUDAR AGE. 38 YEARS, OCC. ASSISTANT, R/O: ISHWAR BADAVANE, RAJEEV GANDHI NAGAR, DIST. GADAG-582207 …APPELLANT (BY SRI. ASHOK R. KALYANASHETTY AND SRI. PRAKASH S. GUDIHINDIN, ADVOCATES) - 5 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 AND: 1. HUBBALLI ELECTRICITY SUPPLY COMPANY LTD GOVERNMENT OF KARNATAKA NAVANAGAR P.B. ROAD, HUBLI, REPRESENTED AUTHORISED SIGNATORY EXECUTIVE ENGINEER (ELE) O AND M DIVISION, HESCOM MULAGUND NAKA, GADAG-582101. 2. SIR. LINGANAGOUDA, S/O RAMANAGOUDA GOUDAR AGE.33 YEARS, OCC. TEACHER, R/O: NEAR KOPPAL HOSPITAL, RAJEEV GANDHI NAGAR, DIST. GADAG-582207. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR CAVEATOR/RESPONDENT FOR R1) THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 CPC., PRAYING TO, ALLOWED THE JUDGMENT AND DECREE DATED 02.01.2020 MADE IN O.S.NO.154/2015 PASSED BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE, GADAG AND SET ASIDE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 6 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant is physically present and the Managing Director of HESCOM/respondent appeared through video conference. 2. The appellant filed an affidavit of undertaking which reads as under: 1. That the total principal amount payable in these appeals is Rs.18,13,321/- in RFA 100156/2020 + Rs.5,85,194/- in RFA 100541/2022 + Rs.6,62,000/- in RFA 100543/2022 + Rs.6,41,457.00/- in RFA 100544/2022 thus in all Rs.37,02,072. Out of the said amount, a sum of Rs.19,06,000/-up to the end of January 2025 is already deducted, in monthly installments of Rs.32,000/- at present, out of my salary. As such the balance amount payable is Rs.17,96,072.00/- 2. That I undertake that I am ready and willing to reimburse the balance amount of Rs.17,96,072/-, without interest, on or before 31.12.2025. 3. That I submit the above said entire amount of Rs.37,02,072/- is paid by me to Shri Nagaraj Pujar, the Deputy Controller of Accounts, HESCOM, Navanagar, Hubballi, as evident from the documents, produced along with IA filed by me before this Hon'ble Court for - 7 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 production of additional evidence. I may kindly be reserved liberty and permission to recover the said amount from him. 3. Sri.Shashikiran Shetty, learned Senior Counsel for the respondent/HESCOM appears through video conference. He submit that the respondent accepted the proposal of the appellant for one time settlement and willing to accept Rs.45,00,000/-, excluding the amount which is already deducted from the salary of the appellant, on or before 31.12.2025 and the Managing Director has no objection to accept the affidavit of undertaking given by the appellant and dispose of the appeals in terms of the affidavit of undertaking. 4. His submission is placed on record. 5. The affidavit of undertaking is placed on record. 6. As the parties have settled the matter and the appellant has undertaken to pay Rs.45,00,000/- excluding the amount which was already deducted from the salary of - 8 - NC: 2025:KHC-D:3660-DB RFA No. 100156 of 2020 C/W RFA No. 100541 of 2022 RFA No. 100543 of 2022 RFA No. 100544 of 2022 appellant on or before 31.12.2025 towards full and final settlement. In view of the same, nothing survives for consideration in these appeals. Accordingly, the appeals are disposed. In case, if the appellant fails to pay the said amount, the appellant is liable to pay interest at the rate of 6% p.a. from 01.01.2026 till realization of the amount. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE VB Ct-cmu LIST NO.: 1 SL NO.: 3