ZENITH CREDIT LIMITED v. SRI RAGHAVAPPA KRISHNA MURTHY
CRP/86/2020 · 2025-11-28
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83580 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83580 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49697 CRP No. 86 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.86 OF 2020 BETWEEN:
ZENITH CREDIT LIMITED HAVING ITS REGISTERED OFFICE AT NO.19, R.N.MUKHERJEE ROAD, KOLKATA-700 001 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER (CFO) (MR. BIJAY KUMAR LOYALKA) …PETITIONER (BY SRI NARASIMHAN S, ADVOCATE) AND:
1.
SRI RAGHAVAPPA KRISHNA MURTHY AGED ABOUT 52 YEARS, S/O T.RAGHAVAPPA RESIDING AT NO.129, ‘VEERARAGHAVA RESIDENCY’, 1ST MAIN, 1ST CROSS, MUNESWARA LAYOUT, KODICHIKKANAHALLI, DEVARACHIKKANAHALLI MAIN ROAD, NEW GOLDEN PARK APARTMENT, BOMMANAHALLI BENGALURU-560 068.
2.
SRI.SURENDRA KUMAR LOYALKA AGED ABOUT 68 YEARS, S/O LATE B.R.LOYALKA RESIDING AT NO.539, 8TH MAIN 4TH BLOCK, 1ST CROSS, KORAMANGALA, BENGALURU-560 034.
3.
SMT.URMILA LOYALKA AGED ABOUT 66 YEARS, W/O SURENDRA LOYALKA,
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49697 CRP No. 86 of 2020
R/AT NO.539, 8TH MAIN, 4TH BLOCK, 1ST CROSS, KORAMANGALA BENGALURU-560 034
4.
MR.VIKRAM KUMAR @ VIKRAM JAIN AGED ABOUT 45 YEARS, S/O BHEEMRAJ JAIN, 24, S.S.TEMPLE STREET, NEAR SAJJAN RAO CIRCLE, V.V.PURAM, BENGALURU-560 004. …RESPONDENTS
(BY SRI G.L.VISHWANATH, SENIOR ADVOCATE FOR SRI V.C.RAJU, ADVOCATE FOR R1;
SRI S.HEMANTH BHARADWAJ, ADVOCATE FOR R2 AND R3;
NOTICE TO R4 DISPENSED WITH (V/O DATED 19.02.2021)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE
ORDER DATED 17.10.2019 PASSED ON IA No.3 IN O.S No.4817/2018 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY REJECTING THE I.A No.3 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SECTION 151 OF CODE OF CIVIL PROCEDURE FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
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HC-KAR NC: 2025:KHC:49697 CRP No. 86 of 2020
ORAL ORDER
Revision Petitioner and first respondent present.
2. Revision petitioner and first respondent present.
3. Notice to respond Nos.2 to 4 is dispensed with by this Court at the request of the parties by the order dated
19.02.2021. Moreover Respondents Nos.2 to 4 are co- defendants and therefore, their presence for disposal of the present Civil Revision Petition is not necessary.
4. During pendency of the present revision petition, parties have settled the dispute amicably and they have presented a petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure along with few annexures.
5. Parties have signed the compromise petition and parties are well acquainted with English language. Compromise petition is also signed by their respective advocates.
6. Contents of the compromise petition are read over to the parties and they submit that the contents of the compromise
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HC-KAR NC: 2025:KHC:49697 CRP No. 86 of 2020
petition depict true terms of settlement and there is no force, undue influence or coercion in reaching out the compromise.
7. As per the compromise, demand draft bearing No. 381848 dated 27.11.2025 drawn on Union Bank of India, BTM Layout Branch in a sum of Rs.40,00,000/- is handed over to the revision petitioner by the first respondent-Plaintiff.
8. Plaintiff also handed over three post dated cheques as is mentioned in the para 17 (c), (d) and (e) of the compromise petition.
9. Revision Petitioner acknowledges the receipt of the aforesaid demand draft and post dated cheques by signing in the order sheet.
10. Thus, there is no impediment for this Court to accept the compromise petition and dispose of the present Civil Revision Petition as well as the suit in the Trial Court.
11. In view of the settlement, plaintiff is entitled to refund of permissible court fee.
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HC-KAR NC: 2025:KHC:49697 CRP No. 86 of 2020
12. Accordingly, the following:
ORDER (i) Civil Revision Petition stands disposed of in terms of the compromise petition.
(ii) Suit in O.S.No.4817/2018 on the file of the LXII Additional City Civil Judge (CCH-63), Bengaluru, is decreed in terms of the compromise petition as against defendant No.1 and suit against defendant Nos.2, 3 and 4 is dismissed.
(iii) Office is directed to decree the suit of the plaintiff in terms of the compromise petition, appending the copy of the compromise petition along with annexures as part of the decree.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 69