Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19798 MFA No. 8288 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO.8288 OF 2018 (AA)
BETWEEN:
1.
DR. SUSHITH AGED ABOUT 41 YEARS, S/O DR. MADHAVA S. PUTHRAN,
“ANUGRAHA”, PO PUNJIMOGARU KULUR, MANGALURU.
2.
DR. MADHAVA S. PUTHRAN AGED ABOUT 75 YEARS, S/O LATE S.P. SALIAN,
“ANUGRAHA”, PO PUNJIMOGARU, KULUR, MANGALURU. …APPELLANTS
(BY SRI VISHWAJITH RAI M., ADVOCATE)
AND:
1.
MANIPAL ACADEMY OF HIGHER EDUCATION (NOW MAHE UNIVERSITY) MADHAVA NAGAR, MANIPAL-576104 UDUPI TALUK & DISTRICT.
2.
CAPT. M.K. GOPALAN AGED ABOUT 66 YEARS, S/O LATE KUMARAN, NO.201, ANAND APARTMENT, KARANGALAPADY, MANGALURU-575003.
3.
SRI U.N. KHANDIGE ADVOCATE AND ARBITRATOR, NO.F-6, 1ST FLOOR, GOLDEN ARCADE,
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:19798 MFA No. 8288 of 2018
NEAR S.D.M. LAW COLLEGE, KODAILBAIL,
MANGALURU-575003. …RESPONDENTS
(BY SRI MANMOHAN P.N., ADVOCATE FOR R-1;
NOTICES TO R-2 & R-3 ARE SERVED & UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED 03.09.2018 PASSED IN A.S.NO.151/2016, ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, UDUPI DISTRICT UDUPI, DISMISSING THE SUIT FILED UNDER SECTION 34 OF ARBITRATION AND CONCILIATION ACT, 1996.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 entered into between the parties to the appeal before the mediation has been received by this Court.
2. The memorandum of agreement is duly signed by the appellant No.1 and authorized signatory of the respondent.
3. The terms of the settlement reads as under:
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HC-KAR NC: 2026:KHC:19798 MFA No. 8288 of 2018
i.
“The Appellant herein has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs) to the Respondent towards the agreement dated 23/05/2005 and the Respondent has agreed to accept the same in full and final settlement towards amount due and further the Respondent has agreed to return the Degree Certificates of the Appellant herein. ii. The Appellant paid the above said amount of Rs.10,00,000-00 (Rupees Ten Lakh) by RTGS through Canara Bank [UTR No. CNRBR52026032781422969 Account of the Respondent and the Respondent acknowledges the same in full and final settlement. iii. The Respondent has handed over the Degree Certificates of the Appellant and the Appellant acknowledges receipt of the same. iv. The Appellant and the Respondent have no claim against each other in view of this settlement.”
4. The memorandum of agreement is taken on record.
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HC-KAR NC: 2026:KHC:19798 MFA No. 8288 of 2018
5. In view of the memorandum of agreement received from Mediation Centre, the Miscellaneous First Appeal is disposed of in the said terms.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 22