M/S MUSIC BROAD CAST PVT LTD v. M/S PRINCIPAL OOH MEDIA PVT LTD
RFA/1652/2014 · 2026-01-29
D K Singh, Tara Vitasta Ganju
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 49415 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49415 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1652 OF 2014 (MON) BETWEEN:
1.
M/S. MUSIC BROAD CAST PVT. LTD.
HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT 5TH FLOOR R N A CORPORATE PARK OFF WESTERN EXPRESS HIGHWAY KALA NAGAR, BANDRA (EAST) MUMBAI-400051
ALSO AT:
4/R, VAKHIL SQUARE BUILDING 56/3, GURAPPANAPALYA BANNERGHATTA MAIN ROAD BANGALORE-560029 REPRESENTED HEREIN BY ITS MANAGER, MR PRAVEEN KUMAR CH
2.
THE MANAGING DIRECTOR M/S. MUSIC BROAD CAST PVT. LTD.
5TH FLOOR R N A CORPORATE PARK OFF WESTERN EXPRESS HIGHWAY KALA NAGAR
- 2 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
BANDRA (EAST) MUMBAI-400051 …APPELLANTS (BY SRI ARVIND KRISHNA G, ADVOCATE FOR SRI LOMESH KIRAN N, ADVOCATE)
AND:
1.
M/S. PRINCIPAL OOH MEDIA PVT. LTD.
HAVING ITS REGISTERED OFFICE AT NO.6, 1ST FLOOR GURUKRIPA BUILDING 8TH CROSS, MALLESWARAM BANGALORE-560003 REPRESENTED HEREIN BY ITS DIRECTOR MR. SABYASACHI HAZRA …RESPONDENT (BY SRI THEJESHWARA S, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.08.2014 PASSED IN O.S.NO.2760/2011 ON THE FILE OF THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present Regular First Appeal has been filed under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') against the judgment and decree dated 01.08.2014 passed by the Court of XIX Additional City Civil and Sessions Judge at Bengaluru City (CCH-18) in O.S.No.2760/2011. 2. During the pendency of this appeal, the parties have settled their disputes outside the Court and have filed a joint memo of settlement dated 29.01.2026. The affidavit on behalf of the appellants in support of the joint memo of settlement has been filed by Mr. Praveen Kumar Ch., s/o Basavaraj Ch., Senior Manager (Administration) and the authorized representative of the appellants, who has been authorized by the Board Resolution dated 16.08.2014. A copy of the Board Resolution dated 16.08.2014 has been annexed to the affidavit. Similarly,
- 4 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
the affidavit on behalf of the respondent in support of the joint memo of settlement has been filed by Mr. Sabyasachi Hazra s/o Kashinath Hazra, the Director of the respondent, who has been authorized by the Board Resolution dated 01.01.2026. A copy of the Board of Resolution dated 01.01.2026 has been annexed to the affidavit. Both the authorized representatives, in their affidavits, have also confirmed the terms of settlement between the parties. 3. The terms of settlement, as mentioned in the joint memo, would read as under:-
"2. The Parties mutually agree and confirm that the Respondent withdraws and retains the sum of ₹ 28,45,393/- (Rupees Twenty-Eight Lakh Forty-Five Thousand Three Hundred Ninety-Three Only) (as was originally deposited by the Appellant before this Hon'ble Court pursuant to the Interim Order dated 21.11.2014) along with any interest accrued thereon. In addition, the Appellant agrees to pay and the Respondent agrees to accept a sum of ₹ 31,54,607/- (Rupees Thirty-One Lakh
- 5 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
Fifty-Four Thousand Six-Hundred and Seven Only) by way of the Cheque bearing no. 275320 and dated 05.02.2026 as drawn on HDFC Bank (Bandra East, Mumbal branch) in favor of the Respondent Company.
The original of the said Cheque is handed over to the Respondent and a true copy of the same is produced herewith as Document No.1. The Respondent accepts these sums of monies towards full and final settlement of all their claims and demands (past/present/ future and foreseeable/unforeseeable). No claim, demand, dispute or due of the Respondent as against the Appellant, including by virtue of the
Judgment and Decree dated 01.08.2014 in O.S.No.2760/2011, remains pending or survives for any further
consideration.
3. In consideration of the above, the Respondent withdraws all accusations and allegations against the Appellant, relinquishes and waives all claims,
contentions, and remedies against the Appellant, and discharges and releases
- 6 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
the Appellant from all liabilities and obligations. No more monies are payable and owed by the Appellant.
4. The Parties hereto agree, confirm and declare that the present settlement and this Joint Memo are final, binding on and enure to the benefit of the Parties hereto, including their respective parent/ affiliate/ group companies, directors and shareholders and employees, successors-in-interest, executors, administrators and permitted assignees, etc.
5. The Parties further agree, confirm and declare that the present settlement has been arrived at and this Joint Memo has been filed out of their own free will and volition and only after obtaining necessary legal advice from their respective advocates / legal counsels, and that neither Party has been subject to any kind of coercion, duress or undue influence of any kind whatsoever.
6. The Parties agree, affirm and declare that the aforesaid settlement and the
- 7 -
HC-KAR NC: 2026:KHC:5350-DB RFA No. 1652 of 2014
present Joint Memo are on a without prejudice basis."
4. The authorized representatives of the appellants and the respondent are present along with their advocates and they have been identified. The authorized representatives have put their signatures on the joint memo with company seals. A cheque for Rs.31,54,607/- drawn in favour of the respondent has been handed over in the Court by the authorized representative of the appellants to the authorized representative of the respondent towards full and final settlement of their claims.
5. Thus, we dispose of this appeal in terms of the joint memo under Order XXIII Rule 3 of the CPC.
6. Let a compromise decree be drawn accordingly.
(D K SINGH) JUDGE
(TARA VITASTA GANJU) JUDGE
BKV, List No.: 2 Sl No.: 8 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA