- 1 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1630 OF 2023 (MON-) BETWEEN: 1. AMZON DISTRIBUTORS LTD., NO.32/5, DHL BUILDING, 3RD FLOOR, ROOPENA AGRAHARA, BOMMANAHALLI POST, HOSUR MAIN ROAD, BANGALORE - 560068 BY ITS MANAGING DIRECTOR NILESH AGARWAL …APPELLANT (BY SRI. RAGHUNATH V., ADVOCATE) AND: 1. BHARATH SANCHAR NIGAM LTD DEPARTMENT OF TELECOMMUNICATION GOVERNMENT OF INDIA ENTERPRISES REP. BY CHIEF ACCOUNTS OFFICER, BANGALORE TELECOM DISTRICT, MOBILE, GROUND FLOOR, AMENITY BLOCK, PALACE ROAD, BANGALORE 560001 …RESPONDENT (BY SRI. A.N. GANGADHARAIAH, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R.W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 02.06.2023 PASSED IN OS No.92/2017 ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal, by the appellant-defendant in O.S.No.92/2017, is directed against the impugned judgment and decree dated 02.06.2023, whereby the said suit filed by the respondent - plaintiff/BSNL against the appellant - defendant was decreed by the Trial Court in favour of the respondent - plaintiff. 2. The matter having been referred to the Mediation, the parties have amicably settled the dispute by way of Memorandum of Settlement, which reads as under: MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 The parties above named submit as follows:- I. The appellant has filed the above Appeal against the respondent for setting aside the judgment and - 3 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 decree dated 02.06.2023 in O.S.No.92/2017 on the file of the Court of LXIX Addl.City Civil and Sessions Judge, Bengaluru and consequently dismiss the suit of the respondent. II. The aforesaid appeal was preferred to mediation for resolving the dispute between the parties. In the course of mediation, the appellant Rep by its Managing Director and respondent represented by its chief accounts officer they have resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties have resolved their issues and the appellant has agreed pay an amount of Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand Only) to the respondent in full and final settlement of all claims. The respondent has agreed to receive Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand Only) in full and final settlement giving up all his claim. 2. It is agreed between the parties the above said amount of Rs.3,75,000/- (Rupees Three Lakh Seventy Five Thousand Only) shall be paid by the appellant to the respondent by way of demand drafts bearing No.298466 dated 03.12.2025 drawn on Citi Bank, Bengaluru and it will be handedover before the Hon'ble court at the time of reporting settlement. 3. The appellant while complying the conditions of the interim stay order granted by the Hon'ble High Court appellant has deposited a sum of Rs.2,14,732/- before the Hon'ble LXIX Addl. City Civil and Sessions Judge, (CCH:70), Bengaluru on signing this mediation agreement appellant may be permitted to withdraw the amount of Rs.2,14,732/- deposited before the Hon'ble LXIX Addl. City Civil and Sessions Judge, (CCH:70), Bengaluru. 4. The respondent has no other claims against the appellant and they have also given up his right to claim any further payments from the appellant since, they have arrived at this agreement and all the claims of the respondent hereby satisfied. - 4 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court to pass the appropriate order in terms of this agreement. IV. In view of the aforesaid agreement, the appellant prays for refund of the institution fee of Rs.22,638/- paid in this appeal before the Hon'ble High Court. V. Parties will appear before the Court on 16.12.2025 to passing appropriate orders in terms of the agreement." 3. The appellant - defendant has agreed to pay an amount of Rs.3,75,000/- to the respondent in full and final settlement of all claims. The respondent has agreed to receive the said amount in full and final settlement giving up all his claim. 4. The appellant - defendant and the respondent - plaintiff are physically present and have been identified by their respective counsel. 5. Both the parties have filed Memorandum of Settlement before the Mediation Centre under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. In terms of the said Memorandum of Settlement, the respondent has also agreed that they have no other claims against the appellant and they have also given up their rights to claim any further payments from the appellant since they have arrived at the - 5 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 agreement, and all the claims of the respondent are hereby satisfied. 6. The Managing Director of the appellant as well as the Chief Accounts Officer of the respondent are physically present along with their respective counsel and admit the execution and have signed the Memorandum of Settlement and jointly submit that the appeal may be disposed of in terms of the Memorandum of Settlement . 7. The said submission is placed on record. 8. In view of the above, I pass the following: ORDER (i) The appeal is hereby disposed of in terms of the Memorandum of Settlement by modifying the impugned judgment and decree accordingly. (ii) The appellant handed over a sum of Rs.3,75,000/- by way of demand draft to the Accounts Officer of the respondent - BSNL, who hereby acknowledges the receipt of the said - 6 - HC-KAR NC: 2025:KHC:53571 RFA No. 1630 of 2023 demand draft towards full and final settlement of the claim of the respondent against the appellant. (iii) The Registry of this Court is directed to refund the entire Court Fee paid on the memorandum of appeal back to the appellant. (iv) The Registry of the Trial Court is directed to refund the entire Court Fee paid on the memorandum of plaint back to the plaintiff . (v) The Registry of this Court is directed to refund the entire amount deposited by the appellant back to the Managing Director of the appellant. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 20