- 1 - HC-KAR NC: 2025:KHC:34844 RFA No. 71 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 71 OF 2021 (DEC) BETWEEN: MR S NAGARAJ S/O G SATHYANARAYAN AGED ABOUT 68 YEARS R/A NO.102, IST MAIN ROAD HMT LAYOUT, VIDHYARANYAPURA BANGALORE-560 097 …APPELLANT (BY SRI. PARAMESHWAR N HEGDE., ADVOCATE) AND: M/S BEC CONDUITS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.C-108, MAYAPURI INDUSTRIAL AREA PHASE-II, NEW DELHI-10064 THROUGH ITS AUTHORISED SIGNATORY AND MANAGING DIRECTOR SHRI ADITYA MEHARA …RESPONDENT (BY SRI. ASIM MALIK., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI OF THE CPC., AGAINST THE ORDER DATED 28.07.2020 PASSED ON IA NO.1 IN OS NO.7622/2017 ON THE FILE OF THE XLIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-45) ALLOWING THE IA NO.1 FILED UNDER ORDER VII RULE 11 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34844 RFA No. 71 of 2021 ORAL JUDGMENT Learned counsel for the respondent filed an affidavit dated 21.07.2025. The paragraph Nos. 1 to 4 of the affidavit reads as under: 1. I am the authorized signatory of the Respondent. I am conversant with the facts and circumstances of the case and competent to depose to this affidavit. 2. I state that our company had initiated Arbitration proceedings bearing Arbitration Case No. 04/2017 against the Appellant seeking compensation as the Appellant had egregiously breached the terms of the employment agreement duly signed by him. However, it is noteworthy that the Arbitration case was withdrawn subsequently owing to various internal company policies and reasons. 3. It is submitted that as per the Employment Agreement, the Appellant was to be engaged in the capacity of an Executive Director for a monthly remuneration of Rs.75,000/- (Rupees Seventy-Five Thousand only). However, the Appellant in breach of the terms specified in the Employment Agreement had not joined his managerial position from inception. 4. I state that it has been approximately 9 years since the execution of the Employment Agreement and the Appellant shown no interest in honouring the said terms. However, owing to the lapse of time and severance of - 3 - HC-KAR NC: 2025:KHC:34844 RFA No. 71 of 2021 communication & business relations with the Appellant, the Respondent Company is not desirous of enforcing the terms of the Employment Agreement nor is it further desirous of engaging with the Appellant in any form of business. 5. The present affidavit is tendered without admitting or conceding to any facts or contentions raised by the Appellant and without prejudice to all contentions raised by the Respondent in the present Petition. 2. In the meantime, learned counsel for the appellant has also filed a memo which reads as under: “In view of the affidavit filed by the respondent indicating that they don't claim anything against the appellant based on transfer of undertaking agreement dated 20/10/2015 and employment agreement dated 28/05/2016, the appellant has no objection in disposing of the instant appeal by recording the affidavit of respondent as well as memo filed by the appellant, and appellant will not make any claim against the respondent in connection with the aforesaid documents.” 3. Having considered the averments of the affidavit filed by the learned counsel for the respondent as well as the memo filed by the learned counsel for the appellant, the appeal stands disposed of. - 4 - HC-KAR NC: 2025:KHC:34844 RFA No. 71 of 2021 4. No order as to cost. 5. In view of the disposal of the appeal, pending I.A’s if any, do not survive for consideration. Accordingly, the same are disposed of. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 21