Karnataka High Court
Mr Kannan Doss vs Mr A Mahesh Kumar on 29 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:3881
CMP No. 100 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CIVIL MISC. PETITION NO. 100 OF 2017
BETWEEN:
MR. KANNAN DOSS,
AGED ABOUT 53 YEARS,
S/O. LATE SOLYAN DOSS,
PARTNER, PITTAMBRA RETAIL INC,
PRESENTLY AT,S-613, MANIPAL CENTRE,
DICKENSON ROAD, BANGALORE,
BANGALORE - 560 042.
ALSO AT,
MR. KANNAN DOSS,
NO.512, VARS FANTASAY,
1ST MAIN, KODIHNALLI, OFF 80 FEET ROAD,
HAL II STAGE, INDIRANAGAR,
BANGALORE - 560 008.
...PETITIONER
(BY SRI. SATISH T.S., ADVOCATE)
AND:
Digitally MR. A. MAHESH KUMAR,
signed by AGED ABOUT 51 YEARS,
VANDANA S
S/O. LATE DR.A.K. ANNAMALAI,
Location:
HIGH PRESENTLY R/AT. D-4, SAMITHA SPICE WOOD,
COURT OF (WEST BLOCK), 6TH MAIN ROAD, G.M. PALYA,
KARNATAKA BANGALORE - 560 075.
...RESPONDENT
(BY SRI. NIKHILESH M. RAO AND SRI. BHAIRAV C.,ADVOCATES)
THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT
ARBITRATOR FOR RESOLVING THE DISPUTE BETWEEN THE
PETITIONER AND THE RESPONDENTS THAT HAVE ARISEN UNDER THE
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NC: 2024:KHC:3881
CMP No. 100 of 2017
PARTNERSHIP DEED DATED: 01/04/2008 AND FIRM NO. PITAAMBARA
RETAIL INC IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner against the respondent seeking appointment of an Arbitrator to resolve the disputes that have arisen between them in terms of the Partnership Deed at Annexure-A dated 01.04.2008.
2. Today, both the petitioner and respondent have filed a Joint Memo of Compromise and Settlement dated 29.01.2024, which reads as under:-
" 1. That the Petitioner and Respondent have arrived at settlement, with respect to all disputes between parties, including the subject matter of dispute in this CMP Petition in CMP 100/ 2017, amicably formulated, and agreed between the parties under a comprehensive Settlement Agreement dated 18.02.2023("Settlement Agreement").
2. That the Petitioner and Respondent, submit that in terms of the Settlement Agreement another Arbitration dispute in Commercial (Arb) Appeal "Comp App;92/2022", filed against the Order in A.S 103/ 2019, in original award A.C 102/2018, have placed on record the said Settlement -3- NC: 2024:KHC:3881 CMP No. 100 of 2017 Agreement, under a compromise petition in the said case matter, recording settlement of all disputes between the both the parties, vide Order dated 11 July 2023 passed by this Hon'ble Court in Comp Appeal 92/2022, in terms of the aforesaid Settlement Agreement.(The certified copy of the said order is attached along with this Joint memo).
3. That in terms of the aforesaid Order dated 11th July 2023, at Para 14(b) and 14 IV(page 7) of the Order, the parties have agreed to amicably resolve the dispute in this CMP 100/2017, with respect to M/s Pitambara Retail Inc and in terms of the said Settlement Agreement, both the Petitioner and Respondent seek leave of this Hon'ble Court, to place on record the following terms of the Settlement Agreement arrived between the parties with respect to CMP 100/2017, as under.
I. Both the parties shall jointly prepare and execute documents to settle accounts and dissolve the Partnership firm M/s Pitambara Retail Inc, with consultation of the mutually nominated auditor and Chartered Accountant Firm M/s RCE & Co.
II. All liabilities in terms of the books of accounts payable to statutory creditors if any including closure fees, statutory fees, penalties or any other charges, as per the opinion, advise and recommendation of the auditor M/s RCE & Co, shall be incurred and paid by both parties in the ratio of 50:50(equally).
III. All expenses, for dissolution of firm M/s Pitaambra Retail Inc, including statutory fees, stamp duty, auditors' -4- NC: 2024:KHC:3881 CMP No. 100 of 2017 fees payable to M/s RCE & Co, with respect to dissolution shall be paid by both the parties in the ratio of 50:50(equally).
IV. This Hon'ble be pleased to direct the registry to handover the original Partnership Deed dated 01.04.2008, of M/s Pitaambra Retail Inc, be handover to the Petitioner/Applicant.
Wherefore, both the Petitioner/Applicant and the Respondent, humbly prays, that this Hon'ble Court be pleased to pass appropriate order as under:
i. Permit both the parties to place on record the above terms of settlement in this CMP 100/2017.
ii. Issue a direction to the registry to handover to the Applicant/ Petitioner Mr.Kannan Doss). the original Partnership Deed dated 01.04.2008, of M/s Pitaabra Retail Inc,(annexed along with petition in this CMP 100).
iii. and this Hon'ble Court be pleased to dispose off this case matter accordingly in the interest of justice and equity."
3. The said compromise petition has been duly signed by the petitioner and respondents as well as their respective counsel.
4. Petitioner and respondent are physically present before the Court and they admit that they have executed the aforesaid Joint Memo of Compromise and Settlement voluntarily. Both the parties have accepted the terms and conditions of the -5- NC: 2024:KHC:3881 CMP No. 100 of 2017 Compromise Petition and they are identified by their respective counsel.
5. Being satisfied with the terms and conditions contained in the aforesaid Joint Memo of Compromise and Settlement, the petition stands disposed of in terms of the Joint Memo of Compromise and Settlement.
Registry is directed to return the original Partnership Deed to the petitioner.
Sd/-
JUDGE Srl.