- 1 - HC-KAR NC: 2025:KHC:29467-DB COMAP No. 4 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K COMMERCIAL APPEAL NO. 4 OF 2021 BETWEEN: 1. MR. SHAKEEL PASHA AGE 61 YEARS S/O KHALAQ SHERIFF RESIDING AT NO.11 LEONARD LANE, RICHMOND TOWN BENGALURU - 560 025 2. MRS. NASREEN SHAKEEL W/O SHAKEEL, AGE 55 YEARS RESIDING AT NO.11 LEONARD LANE, RICHMOND TOWN BENGALURU - 560 025 3. WINDSOR GARDENS PVT LTD NO.81, 36TH CROSS, 6TH MAIN 5TH BLOCK JAYANAGAR AGE 50 YEARS, BENGALURU - 560 041 REPRESENTED BY ITS MANAGING DIRECTOR MR. SRINIVASA RAO …APPELLANTS (BY SRI. MANU K, ADVOCATE AND SRI. ABHINAV RAMANAND, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29467-DB COMAP No. 4 of 2021 AND: M/S CITY MAX HOTELS (INDIA) PVT LTD VIII FLOOR, DELTA BLOCK SIGMASOFT-TECH PARK NO.7, VARTHUR MAIN ROAD WHITE FIELD, BENGALURU - 560 066 …RESPONDENT (BY SMT. SANJANTHI SAJAN POOVAYYA, ADVOCATE AND SRI. MANU KULKARNI, ADVOCATE) THIS COMAP IS FILED UNDER SECTION 37(1)(B) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W SECTION 104 OF THE CPC, 1908 U/S 13(1) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015 R/W SECTION 37(1)(A) AND (B) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED: 05/10/2020 PASSED BY THE HON'BLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-84) IN COM.A.S.NO.26/2012 AND CONSEQUENTLY ALLOW THE APPEAL MADE THEREIN, UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1966. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29467-DB COMAP No. 4 of 2021 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by learned counsel appearing on either side that the commercial appeal has been compromised between the parties. A joint compromise petition is placed on record. 2. It is submitted that the parties have discussed among themselves and come to the settlement with regard to the amounts payable. The appellants are agreeable to make payment of amount of Rs.3,15,00,000/- and the demand drafts have been drawn in favour of the respondent. The demand drafts for the said amounts are being handed over by the appellants. The receipts of the demand draft have been duly verified. The parties are also present before the Court today and are duly identified by the counsel appearing for them. 3. In that view of the matter, the compromise petition is accepted and allowed. The receipts of the amount as - 4 - HC-KAR NC: 2025:KHC:29467-DB COMAP No. 4 of 2021 recorded in the compromise is acknowledged by the respondent. The appeal is disposed of in terms of the compromise. The decree shall be drawn up accordingly. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 82