Karnataka High Court
Sociedade De Fomento Industrial Pvt. ... vs M/S V.S. Lad And Sons on 8 September, 2018
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HIGH COURT LEGAL SERVICES COMMITTEE,
DHARWAD
BEFORE THE LOK ADALATH
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER, 2018
CONCILIATORS PRESENT:
HON'BLE MR.JUSTICE B.VEERAPPA
AND
SHRI RAVI S.BALIKAI, MEMBER
RFA NO.100223/2015 (SP.PER.CON.)
(LOK ADALAT NO.907/2018)
BETWEEN:
SOCIEDADE DE FOMENTO
INDUSTRIAL PVT. LTD
A COMPANY REGISTERED UNDER
THE PROVISIONS OF THE COMPANIES
ACT, 1956, AND HAVING ITS REGISTERED
OFFICE AT VILLA FLORES DA SILVA,
ERASMO CARVALHO STREET,
MARGAO, GOA REP HEREIN BY
ITS CHAIRMAN AND MANAGING DIRECTOR
SHRI. AUDUTH TIMBLO
...APPELLANT
(BY SRI.: K. L. PATIL, ADV.)
AND:
1. M/S V.S. LAD AND SONS
A PARTNERSHIP FIRM REGISTERED
UNDER THE PROVISIONS OF THE
INDIAN PARTNERSHIP ACT, 1932 AND
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HAVING ITS PLACE OF BUSINESS AT
PRASHANT NIWAS, KRISHNA NAGAR,
SANDUR-583119 (BELLARY DISTRICT)
2. DR.EKNATH V.LAD
S/O LATE SHRI.VITHAL RAO LAD
PARTNER OF RESPONDENT NO.1
ABOVE NAMED, HAVING HIS OFFICE AT PRASHANT NIWAS, KRISHNA NAGAR, SANDUR-583119 (BELLARY DISTRICT).
3. RUPA UDAYSINGH LAD W/O SHRI.UDAYSINGH LAD PARTNER OF RESPONDENT NO.1 ABOVE NAMED HAVING HER OFFICE AT PRASHANT NIWAS, KRISHNA NAGAR, SANDUR-583119 (BELLARY DISTRICT).
4. SHAILAJA SHIVAJI LAD W/O SHRI.SHIVAJI LAD PARTNER OF RESPONDENT NO.1 ABOVE NAMED HAVING HIS OFFICE AT PRASHANT NIWAS, KRISHNA NAGAR, SANDUR-583119 (BELLARY DISTRICT).
5. VISHWAS UDYASINGH LAD S/O SHRI.UDYASINGH LAD PARTNER OF RESPONDENT NO.1 ABOVE NAMED HAVING HIS OFFICE AT PRASHANT NIWAS, KRISHNA NAGAR, SANDUR-583119 (BELLARY DISTRICT).
6. SANTOSH SHIVAJI LAD S/O SHRI.SHIVAJI LAD PARTNER OF RESPONDENT NO.1 ABOVE NAMED HAVING HIS OFFICE AT PRASHANT NIWAS, KRISHNA NAGAR, SANDUR-583119 (BELLARY DISTRICT).
7. VINAY EKNATH LAD S/O DR. EKNATH V. LAD PRASHANT NIWAS, KRISHNA NAGAR, SANDUR 583119(BELLARY DISTRICT).
...RESPONDENTS :3: (BY SRI. : SHIVARAJ C. BELLAKKI, ADV. FOR R1-R7, ADV.) THIS RFA IS FILED U/S.96 OF CPC., AGAINST THE JUDGMENT & DECREE DATED:17.07.2015, PASSED IN OS.NO.89/2007, ON THE FILE OF SENIOR CIVIL JUDGE AT KUDLIGI, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTARCT.
THIS RFA COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The plaintiff filed the present appeal against the judgment and decree dated 17.07.2015 made in O.S. No.89/2007 on the file of the Senior Civil Judge, Kudligi dismissing the suit filed by the plaintiff for Specific Performance of contract to enforce the agreement dated 12.07.2004.
2. The learned counsel for the parties to the lis, filed compromise petition under Order XXIII Rule 3 R/w.
Section 151 of C.P.C. which reads as under:
"In this the Appellant and Respondents most respectfully submit as under:
I. It is submitted that the Appellant has filed the present appeal being aggrieved by the judgment and :4: Decree dated 17.7.2015 passed by the learned Senior Civil Judge at Kudligi in O.S. No.89/2007. By the impugned Judgment, the Trial court dismissed the said Suit with costs of Rs.5,000/-.
II. It is respectfully submitted that, now parties to the appeal, (i.e. the Appellant on the One Part and Respondents 1 to 7 on the Other Part), have amicably settled the suit dispute and submit that the appeal be decreed. It is further stated that:
1. The Appellant herein is represented by its authorized signatory, Shri. C.S. Kulkarni, pursuant to Board Resolution of Sociedade De Fomento Industrial Private Limited dated 03/08/2018.
2. Respondent Nos.3, 4 and 6 are being represented herein by their Special Power of Attorney Holder Dr. Eknath V. Lad (Respondent No.2 herein) vide Special Power of Attorney dated 06.06.2018;
3. Respondent No.1 is represented by its Managing Partner Dr. Eknath V. Lad (Respondent No.2 herein).
III. The terms of settlement are as follows:
:5:1. The Respondents agree and undertake to pay a sum of Rs.3,63,25,000/-(Rupees Three crores sixty three lakhs and twenty five thousand only), hereinafter referred to as the "Settlement Sum"), in full and final settlement of the Appellant's claim against the Respondents in O.S. No.89/2007 (from which the present Appeal arises) and in settlement of all sums which may be payable by the Respondents (or any of them) to any other group company of the Appellant.
2. The Settlement Sum shall be paid and /or made good by the Respondents to the Appellant, as follows, viz.
A. Rs.3,00,00,000/- (Rupees Three Crores only) is being paid by Respondents Nos.1, 2, 3, 4, 5 and 6 to the Appellant by the following postdated cheques (hereinafter referred to as the "Settlement Cheques"), the receipt of which cheques the Appellant does hereby admit and acknowledge, viz.
a) Rs.1,00,00,000/- (Rupees One crore only) is being paid vide Cheque No.680765 dated 07/03/2019 for Rs.50,00,000/-
(Rupees Fifty Lakhs only) drawn on State :6: Bank of India, Sandur Branch, in favour of Sociedade De Fomento Industrial Private Limited and Cheque No.680766 dated 07/03/2019 for Rs.50,00,000/- drawn on State Bank of India, Sandur Branch, in favour of Sociedade De Fomento Industrial Private Limited issued by Respondent No.2.
b) Rs.1,00,00,000/- (Rupees One crore only) is being paid vide Cheque No.542691 dated 07/09/2019 drawn on IDBI Bank, Indiranagar Branch, Bangalore, in favour of Sociedade De Fomento Industrial Private Limited issued by Respondent No.5.
c) Rs.1,00,00,000/- (Rupees One crore only) is being paid vide Cheque No.000350 dated 07/03/2020 drawn on HDFC Bank, Bangalore Main Branch, Millers Road, in favour of Sociedade De Fomento Industrial Private Limited issued by Respondent No.6.
:7:B. Rs.35,00,000/-(Rupees thirty five lakhs only) shall be made good by Respondents Nos. 1, 2, 3, 4, 5, 6 and 7 by conveying to the Appellant and/or to the Appellant's nominee by a duly registered conveyance deed of Survey No.10 of revenue village Yeshwanthnagar, Sandur Taluk, which admeasures approximately 7 Acres (hereinafter referred to as the "Said Survey No.10"), and which is already in the exclusive possession of the Appellant for over the last 18 years. Respondents Nos. 2, 3, 4, 5, 6 and 7 shall ensure that full, complete and unencumbered title to Said survey No.10 is conveyed to the Appellant. This conveyance deed shall state that the sale consideration for the said Survey No.10 is Rs.35,00,000/- (Rupees Thirty Five lakhs only) and that the sum has been duly received in full by the vendors in the conveyance. All the Respondents herein have agreed to transfer the land in favour of the Appellant and/or Appellant's nominee and they further agreed that they will obtain necessary authorization from all other family :8: members (other than those who are not party to this proceeding) to execute the sale deed in favour of the Appellant and/or to the Appellant's nominee and also to do the other required formalities in respect of the said Survey No.10 so as to get the said Survey No.10 transferred in the name of Appellant and /or Appellant's nominee.
C. Rs.28,25,000/- (Rupees Twenty-eight lakhs twenty-five thousand only) shall be made good by Respondent No.7 by conveying to the Appellant and/or to the Appellant's nominee by a duly registered conveyance deed of Survey No.12/2 of revenue village Yeshwanthnagar, Sandur Taluk, admeasuring approximately 5.65 Acres (hereinafter referred to as the "Said Survey No.12/2"), which is already in the exclusive possession of the Appellant for the last over 18 years. Respondent No.7 shall ensure that full, complete and unencumbered title to Said Survey No.12/2 is conveyed to the Appellant. This conveyance deed shall state that the sale consideration for the Said Survey No.12/2 is Rs.28,25,000/- (Rupees :9: Twenty Eight Lakhs and Twenty Five Thousand only) and that the sum has been duly received in full by the vendors in the conveyance.
3. The Appellant shall present the Settlement Cheques for payment on the respective due dates of the settlement Cheques without any further notice or reference to the Respondents. All of the Settlement Cheques shall be presented for payment at Margao, Goa, where the Appellant has its Registered Office and where it ordinarily carries on business, with all attendant legal consequences.
4. In the event any of the Settlement Cheques are dishonored for any reason whatsoever then the Respondents shall be liable to pay the aggregate amount of all the Settlement Cheques Sum (less the amount of any Cheque realized) forthwith at Margao, Goa, either jointly and/or severally, along with interest thereon at the rate of 10% per annum, compounded with quarterly rests, such interest to be computed from the date of these Consent Terms and till payment/realization.
: 10 :5. Respondent Nos. 2, 3, 4, 5, 6 and 7 undertake and covenant unto the Appellant as under in respect of Said Survey No.10:
a) that they are the owners and title holders of Said Survey No.10.
b) that they have an absolute right to dispose off and /or sell Said Survey No.10 and /or deal with it in any manner whatsoever.
c) that there is no legal bar or impediment for this transaction and that Said Survey No.10 is free from encumbrances, liens and/or charges.
d) That no notices from the Central or State Governments or any other local body or authority under any Municipal Law or under any Acts, Schemes, Ordinance, Order or Notification including Notices/Proceedings for Acquisition /Requisition had /has been received by and/or served upon them in respect of Said Survey No.10.
e) That neither Said Survey No.10 nor any part thereof is the subject matter of any attachment or of any Certificate or other : 11 : recovery proceedings, under the Income Tax Act or under any other Act, Statute, law and /or Regulation and /or under any subsisting Order, Judgment and /or Decree of any Court of Law.
f) that neither Said Survey No.10 nor any part of it is the subject matter of any civil suit, criminal complaint/case or any other action or proceeding in any court or forum.
g) that they are fully entitled to convey Said Survey No.10 to the Appellant.
h) that they have not agreed, committed or contracted or entered into any agreement for sale or lease or any other agreement with third parties in respect of Said Survey No.10 and/or any part of it.
i) that they have not done any act, deed matter or thing whereby or by reason whereof, the sale of Said Survey No.10 and/or any part of it may be prevented or affected in any manner whatsoever.: 12 :
6. Respondent No.7 hereby gives the same undertakings and covenants unto the Appellant, as contained in Clause 5 above, but in respect of Said Survey No.12/2.
7. All permissions required under any law for the time being in force for conveying Said Survey No.10 to the Appellant and /or the Appellant's nominee or for registering such conveyance deeds, shall be obtained by Respondent Nos. 2, 3, 4, 5, 6 and 7 and likewise, in respect of Said Survey No.12/2, all permissions required under any law for the time being in force for conveying Said Survey No.12/2 to the Appellant and / or the Appellant's nominee or for registering such conveyance deeds, shall be obtained by Respondent No.7. The cost and expense of obtaining the permissions shall be borne by the Appellant and/or the Appellant's nominee.
8. Notwithstanding anything contrary hereinabove and notwithstanding that the Settlement Cheques have been issued only by Respondents Nos.1 to 6, the liability of the Respondents (including of Respondent No.7) to pay the sums : 13 : agreed to be paid to the Appellant under these Consent Terms shall be joint and several.
9. The Conveyance of the Said Survey No.12/2 by Respondent No.7 to the Appellant shall be in full and final settlement of the sums due and payable by Respondent No.7 to the Appellant and/or to the Appellant's group company.
10. Respondents Nos.1, 2, 3, 4, 5, 6 and 7 shall convey Said Survey No.10 and, likewise, Respondent no.7 shall convey Said Survey No.12/2 in favour of the Appellant and/or the Appellant's nominee, as and in the manner provided hereinabove, within a period of 180 days from the date Consent Decree is passed by this Hon'ble Court in the above Appeal or for a period mutually agreed by both the parties, whichever is earlier based on consent terms.
11. Thus, in view of the above mutually agreed terms and conditions, this Compromise Petition is entered into between the parties (i.e., the appellant on the One Part and Respondents 1 to 7 on the Other Part) in full and final settlement : 14 : of all disputes and claims, between the parties to this compromise petition.
12. It is therefore agreed between the parties that the present appeal may be disposed of and decreed in terms of this compromise.
Signed and executed at Dharwad on this 08th day of September, 2018.
Dharwad
08/09/2018
Sd/- Sd/-
C.S. Kulkarni M/s. V.S. Lad & sons
Authorized Signatory of Appellant (Respondent No.1)
Sociedade De Fomento Industrial Private Represented by its Managing Partner
Limited Dr.Eknath V Lad
Sd/-
Eknath V Lad Sd/-
(Respondent No.2) Vishwas U. Lad
For Himself and as Special Power of (Respondent No.5)
Attorney
Holder for :
Respondent No.3-Smt. Rupa U. Lad Respondent No.4-Smt. Shailaja S. Lad. Respondent No.6-Sri. Santosh S. Lad Sd/-
Vinay E. Lad.
(Respondent No.7) Sd/-
Sd/- (Shivaraj C. Bellakki)
(K.L. Patil) Advocate for the Respondent
Advocate for the Appellant Nos.1 to 7
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3. The parties arrived to resolve the dispute between the themselves and the respondents agreed and undertake to pay a sum of Rs.3,63,25,000/- (Rupees three crores sixty three lakhs and twenty five thousand only) in full and final settlement of the Appellant's claim in O.S. No.89/2007.
4. In terms of the settlement, the respondent Nos.
1, 2, 3, 4, 5 and 6 agreed to pay A] Rs.3,00,00,000/- (Rupees three crores only) to the appellant through the postdated cheques as below"
a) Rs.1,00,00,000/- is being paid vide Cheque No.680765, dated 07/03/2019 for Rs.50,00,000/- and drawn on State Bank of India, Sandur Branch, and Cheque No.680766, dated 07/03/2019 for Rs.50,00,000/- and drawn on State Bank of India, Sandur Branch in favour of the appellant issued by respondent No.2. (In view of the appellant, it should be respondent No.2).: 16 :
b) Rs.1,00,00,000/- (Rupees One crore only) is being paid vide Cheque No.542691, dated 07/09/2019 drawn on IDBI Bank, Indiranagar Branch, Bangalore, in favour of the appellant issued by the respondent No.5.
c) Rs.1,00,00,000/- is being paid vide Cheque No.000350, dated 07/03/2020 drawn on HDFC Bank, Bangalore Main Branch, Millers Road, Bangalore, in favour of the appellant issued by the respondent No.6.
B] Rs.35,00,000/- (Rupees thirty five lakhs only) shall be made by Respondent Nos.1, 2, 3, 4, 5, 6 and 7 by executing registered conveyance deeds in respect of Sy.No.10 of revenue village Yeshwanthnagar, Sandur Taluk, Ballary District measuring 7 Acres in favour of the appellant and /or appellant's nominee, which is already in the exclusive possession of the appellant for last 18 years. Respondent Nos.2, 3, 4, 5, 6 and 7 shall ensure that full, complete and : 17 : unencumbered title to the said property is conveyed in favour of the appellant.
5. The Conveyance deed shall state that the sale consideration for Rs.35,00,000/- (Rupees thirty five lakhs only) in respect of Sy.No.10 and that the sum has been duly received in full by the vendors in pursuance of the conveyance.
6. The respondents have agreed to transfer the said land in favour of the appellant or its nominee and they further agreed that they will obtain necessary authorization from all other family members (other than those who are not party to this proceeding) to execute the sale deed in favour of the appellant or its nominee and to do the other required formalities in respect of the Said Survey No.10 measuring 7 Acres.
7. Rs.28,25,000/-(Rupees Twenty-eight lakhs twenty-five thousand only) made by the Respondent No.7 by conveying to the property bearing Survey No.12/2, : 18 : measuring 5.65 Acres of revenue village Yeshwanthnagar, Sandur Taluk, admeasuring approximately 5.65 Acres (hereinafter referred to as the "Said Survey No.12/2"), in favour of the appellant or its nominee which is already in the exclusive possession of the Appellant for the last over 18 years. Respondent No.7 shall ensure that full, complete and unencumbered title to Said Survey No.12/2 is conveyed in favour of the Appellant. This conveyance deed shall state that the sale consideration for the Said Survey No.12/2 is Rs.28,25,000/- (Rupees Twenty eight lakhs and twenty five thousand only) and that the sum has been duly received in full by the vendors in the conveyance.
8. The appellant also agreed that he shall present the Settlement Cheques in time on the respective due dates of the settlement Cheques without any further notice or reference to the Respondents. All of the Settlement Cheques shall be presented for payment at Margao, Goa, where the Appellant has its Registered Office and where it ordinarily carries on business, with all attendant legal consequences.
: 19 :9. Both the parties also aggrieved that in the event any of the Settlement, Cheques are dishonored for any reason whatsoever then the Respondents shall be liable to pay the aggregate amount of all the Settlement Cheques Sum (less the amount of any Cheque realized) forthwith at Margao, Goa, either jointly and/or severally, along with interest thereon at the rate of 10% per annum, compounded with quarterly rests, such interest to be computed from the date of these Consent terms and till payment/realization.
10. Respondent Nos. 2, 3, 4, 5, 6 and 7 undertake and covenant unto the Appellant as under in respect of Said Survey No.10:
a) that they are the owners and title holders of Said property.
b) that they have an absolute right to dispose off and /or sell Said land and /or deal with it in any manner whatsoever.
c) that there is no legal bar or impediment for this transaction and that Said property : 20 : is free from encumbrances, liens and/or charges.
d) That no notices have been received by either from the Central or State Governments or any other local body or authority under any Municipal Law or under any Acts, Schemes, Ordinance, Order or Notification including Notices/Proceedings for Acquisition /Requisition and/or served upon them in respect of Said Survey No.10.
e) That neither Said property nor any part thereof is the subject matter of any attachment or of any Certificate or other recovery proceedings, under the Income Tax Act or under any other Act, Statute, law and /or Regulation and /or under any subsisting Order, Judgment and /or Decree of any Court of Law.
f) that neither Said property nor part of it is the subject matter of any civil suit, criminal complaint/case or any other action or proceeding in any court or forum.: 21 :
g) The respondents are fully entitled to convey Said Survey No.10 to the Appellant.
h) that they have not agreed, committed or contracted or entered into any agreement for sale or lease or any other agreement with third parties in respect of Said Survey No.10 and/or any part of it.
i) the respondents have not done any act, deed matter or thing whereby or by reason whereof, the sale of Said property and/or any part of it may be prevented or affected in any manner whatsoever.
11. Respondent No.7 hereby undertakes that and covenants unto the Appellant, as contained in Clause 5 above, but in respect of Said Survey No.12/2.
12. The respondents also agreed that all permissions required under any law for the time being in force for conveying Said Survey No.10 to the Appellant and /or the Appellant's nominee or for registering such : 22 : conveyance deeds, shall be obtained by Respondent Nos. 2, 3, 4, 5, 6 and 7 and likewise, in respect of Said Survey No.12/2, all permissions required under any law for the time being in force for conveying Said Survey No.12/2 to the Appellant and / or the Appellant's nominee or for registering such conveyance deeds, shall be obtained by Respondent No.7. The cost and expense of obtaining the permissions shall be borne by the Appellant and/or the Appellant's nominee.
13. It is also agreed between the parties that in respect of the settlement of the cheques have been issued only by the respondent Nos. 1 to 6. The liability of the respondents (including respondent No.7) to pay the sums agreed to be paid to the appellant in the terms of the conditions of this compromise petition to enter into between the parties.
14. The Conveyance to be executed by 7th respondent in favour of the appellant in respect of : 23 : Sy.No.12/2 shall be in full and final settlement of the sums dues and payable by the respondent No.7 in favour of the appellant or its nominee.
15. The respondent Nos. 1, 2, 3, 4, 5, 6 and 7 also agreed that they shall convey sale deed in respect of Sy.No.10 and, likewise, 7th respondent also agreed to convey sale deed or registered sale deed in respect of Sy.No.12/2 in favour of the appellant or appellant's nominee within a period of 180 days from the date of Consent Decree is passed by this Court in terms of the contents of the agreement.
16. Both the parties mutually agreed that terms and conditions in the compromise petition entered into between the parties in full and final settlement of all disputes and claims voluntarily without any coercion.
17. The appellant Sri. C.S. Kulkarni, authorized Signatory of the appellant company is duly signed represented by Sri. K.L. Patil. Dr. Eknath V. Lad, the : 24 : respondent No.2 himself and on behalf of respondent No.3, 4 and 6 as a Power of Attorney holder has also signed the compromise petition. On behalf of respondent No.1 as its representative, the managing partner signed this compromise petition. Respondent No.5 and respondent No.7 have also signed the compromise petition in the presence of their learned counsel Sri. Shivaraj C. Bellakki, who also signed the compromise petition and the parties who voluntarily made a settlement/compromise petition in the open proceedings that they have voluntarily agreed to the terms and conditions without any coercion, the same is also recorded.
18. The cheques stated supra, have been handed over to the appellant by the respondents in the presence of the learned respective counsel and in the presence of the parties.
19. In view of the settlement/compromise petition filed by the parties to the lis, the appellant is entitled to : 25 : refund of the court fee, in terms of the provisions under Karnataka Court Fee Act, 1958.
20. We appreciate the sincere and honest efforts made by the learned counsel for the parties to resolve the long standing dispute between the parties. The same is placed on record.
Sd/-
JUDGE Sd/-
MEMBER MNS/