Karnataka High Court
Thomas Abraham vs M/S Mantri Developers Private Limited on 2 December, 2024
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NC: 2024:KHC:49289-DB
RERA.A No. 2 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE S RACHAIAH
RERA APPEAL NO. 2 OF 2019
BETWEEN:
THOMAS ABRAHAM
S/O BABY THOMAS
R/AT T 202, PURVA PARK
MSO OFFICE COLONY,
JEEVANAHALLI, BENGALURU URBAN,
BENGALURU - 560 005.
...APPELLANT
(BY SMT. MONICA PATIL, ADVOCATE A/W
SRI. JOSEPH ANTHONY, ADVOCATE)
Digitally signed
by
SREEDHARAN
BANGALORE
AND:
SUSHMA
LAKSHMI
Location: HIGH
COURT OF
KARNATAKA 1. M/S MANTRI DEVELOPERS PRIVATE LIMITED
NO. 41, MANTRI HOUSE,
VITTAL MALLYA ROAD,
BENGALURU URBAN - 560 005.
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
GIRISH GUPTA H.S.
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RERA.A No. 2 of 2019
2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILDING, CSI COMPOUND,
3RD CROSS, MISSION ROAD,
BENGLAURU - 560 027.
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. MAHESH S, ADVOCATE FOR C/R1;
NOTICE TO R2 IS D/W)
THIS APPEAL FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
PRAYING TO SET ASIDE THE JUDGMENT DATED 19.08.2019 IN
RERA APPEAL NO.70/2018 PASSED BY THE KARNATAKA
APPELLATE TRIBUNAL, BANGALORE BY VIRTUE OF WHICH THE
KAT HAS ALLOWED THE APPEAL OF THE RESPONDENT NO.1
AND SET ASIDE THE ORDER PASSED BY THE REAL ESTATE
REGULATORY AUTHORITY IN COMPLAINT NO.
180403/0000640.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE S RACHAIAH
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RERA.A No. 2 of 2019
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The learned counsel for the appellant and respondent No.1 have filed a joint memo of settlement which reads as under:
"The Appellant and the Respondent No.1 most respectfully submit as follows:
1. The Appellant had preferred the instant Appeal challenging the Impugned Judgment dated 19.08.2019 in RERA Appeal No. 70/2018 passed by the Karnataka Appellate Tribunal, Bangalore by virtue of which the Appeal preferred by the Respondent No.1 was allowed setting aside the order passed by the Real Estate Regulatory Authority in Complaint No. 180403/0000640.
2. That during the pendency of the Appeal and after due discussions between the Appellant and the Respondent No.1, the parties have amicably resolved to settle the matter. The parties have hence agreed as under and have decided to file the present Joint Settlement Memo recording the terms of settlement.
3. The Parties have agreed to resolve all their disputes based on the following terms and conditions that have been mutually agreed upon by them. Both parties are bound by the terms:
i. That the Respondent No.1 undertakes to repay all dues in totality and close the Housing Loan availed in the name of the Appellant with Punjab National Bank Housing Finance Ltd. bearing Loan Account No. 00196660004440 at the earliest. The Respondent No.1 shall ensure that the Appellant is relieved from all financial obligations emanating from -4- NC: 2024:KHC:49289-DB RERA.A No. 2 of 2019 the Housing Loan Account No. 00196660004440.
ii. The Appellant undertakes to extend co- operation towards execution of all bank related documents as and when called upon by the Respondent No.1, in the said regard. The Appellant further undertakes to execute Agreement for Cancellation of the Agreement to Sell and Construction Agreement of even date, dated 28.04.2014 with respect to Apartment bearing No. K-1505 at Mantri Webcity, K.R. Puram, Bengaluru as and when called upon by the Respondent No.1, in the said regard.
iii. That the Respondent No. 1 towards full and final settlement of all claims has handed over a Demand Draft of Rs. 18,17,615/- (Rupees Eighteen Lakhs Seventeen Thousand Six Hundred and Fifteen only) bearing DD No. 037588 dated 28.11.2024 drawn on Punjab National Bank to the Appellant herein. The Appellant duly acknowledges receipt of the said Demand Draft on this day i.e., 02.12.2024.
iv. The said sum of Rs.18,17,615/- (Rupees Eighteen Lakhs Seventeen Thousand Six Hundred and Fifteen only) is arrived at based on the following calculation:
- Rs.14,87,485/- (Rupees Fourteen Lakh Eighty Seven Thousand Four Hundred and Eighty-Five Only) towards refund of booking amount/ down payment.
- Rs. 3,15,940/- (Rupees Three Lakhs Fifteen Thousand Nine Hundred and Forty Only) towards reimbursement of Pre-EMI remitted by the Appellant to PNBHFL under the Housing Loan Account.
- Rs. 14,190/- (Rupees Fourteen Thousand One Hundred and Ninety -5- NC: 2024:KHC:49289-DB RERA.A No. 2 of 2019 Only) towards bank charges incurred by the Appellant.
Thus, a total sum of Rs.18,17,615/- (Rupees Eighteen Lakhs Seventeen Thousand Six Hundred and Fifteen only) stands duly remitted as on this day and the same is a full and final settlement of all claims.
4. Thus, both the parties have accepted the covenants of this instant memo as full and final settlement towards their respective claims against each other.
5. That both the Parties have undertaken not to file any other case/proceedings before any court/authority against each other with regards to the subject-matter of the instant appeal. Further, both Parties agree that any other proceedings or actions initiated with regard to the subject matter in the instant appeal shall also stand settled.
6. The Parties state that, they have no claim of whatsoever manner against each other either past, present or future other than what is agreed upon with respect to subject matter of this appeal.
7. The Parties further state that there is no collusion, force, fraud or any undue influence in entering into the instant compromise and executing the Joint memo of settlement. WHEREFORE, the Appellant and the Respondent No.1 most humbly, pray that this Hon'ble Court may be pleased to take the instant Joint memo on record and dispose the above appeal as settled, in the interest of justice and equity."
2. They state in view of the joint memo of settlement, the appeal be disposed of.
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3. By taking on record the submission of the counsel for the parties that the parties shall be bound by the joint memo of settlement, the appeal is disposed of.
4. Learned counsel for respondent No.1 has handed over a Demand Draft bearing No. 037588 dated 28.11.2024 for a sum of Rs.18,17,615/- (Rupees Eighteen Lakhs Seventeen Thousand Six Hundred and Fifteen only) drawn on Punjab National Bank in terms of Clause 3(iii) of the joint memo of settlement.
5. The appeal is disposed of as settled.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 38