Karnataka High Court
M/S Ms3 Meditech Llp vs Vcnr Builders And Developers Ltd on 19 June, 2025
-1-
NC: 2025:KHC:21180-DB
COMAP No. 563 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
COMMERCIAL APPEAL NO. 563 OF 2024
BETWEEN:
M/S MS3 MEDITECH LLP
A LIMITED LIABILITY PARTNERSHIP INCORPORATED
UNDER THE PROVISIONS OF THE LIMITED
LIABILITY PARTNERSHIP ACT, 2008
OLD OFFICE AT NO. 662/3/2 AREHALLI,
ITTAMADU MAIN ROAD,
SUBRAMANYAPURA,
BENGALURU 560061.
HAVING PRESENT OFFICE AT
Digitally signed PLOT NO 276D, PHASE 4
by
VIJAYALAKSHMI AVVERAHALLI INDUSTRIAL AREA( KIADB),
BN DABASPETE
Location: HIGH
COURT OF NELAMANGALA TALUK,
KARNATAKA
BENGALURU RURAL- 562111
REPRESENTED BY ITS PARTNER
MR. SOORYANARAYAN PUJAR
[email protected]
...APPELLANT
(BY SMT. SUJA SURENDRAN FOR
SRI UGRAPPA V.S. ADVOCATE)
-2-
NC: 2025:KHC:21180-DB
COMAP No. 563 of 2024
HC-KAR
AND:
VCNR BUILDERS AND DEVELOPERS LTD
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
CNR TOWER, NO.135/41,42, 5TH FLOOR
OPP. BINNAMANGALA NURSERY
VINAYAK NAGAR, B.H. ROAD
NELAMANGALA,
BENGALURU - 562111
REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE MR. KIRAN Y.G.
...RESPONDENT
(BY SRI. SHAMANTH S.N. FOR C/RESPONDENT)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION
13(1A) OF THE COMMERCIAL COURT ACT, 2015 PRAYING TO
A) CALL FOR THE RECORDS OF COMM.OS NO.71/2023 FROM
THE COURT OF XI ADDL. DISTRICT AND SESSIONS JUDGE
(DEDICATED COMMERCIAL COURT) BENGALURU RURAL
DISTRICT, BENGALURU AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE DR. JUSTICE K.MANMADHA RAO
-3-
NC: 2025:KHC:21180-DB
COMAP No. 563 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. It is submitted by the learned counsel on either side that the dispute between the parties has been settled out of the Court. It is submitted that the terms of the settlement has been reduced to writing and is part of the compromise petition filed today before this Court.
2. In the above view of the matter, the terms of settlement which are recorded at Paragraph Nos.5 and 6 of the compromise petition which reads as under;
"P5. As part of the settlement, the Appellant/defendant has paid and the Respondent/plaintiff has received an amount Rs.45,90,000/-(Rupees Forty Five Lakhs Ninty Thousand Only) as full and final settlement towards satisfaction of the judgment and decree dated 19/10/2024 passed in Comm. O. S. No. 71 of 2023.
P6. In this regard, the Appellant has paid to the Respondent the said amount in the following manner:
i) The Appellant has paid a sum of Rs.10,90,000/- (Rupees Ten Lakh Ninty thousand Only) to the Respondent by way -4- NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 HC-KAR of RTGS on 17/06/2025 from bank acocunt no. 50200046140490 at HDFC Bank, Padmanabhanagara Brach, Bengaluru with reference No. RRR1682590734536. The same is duly accepted and acknowledged by the Respondent.
ii) The Appellant has paid a sum of Rs.
25,00,000/- (Rupees Twenty Five Lakh Only) to the Respondent by way of RTGS on 17/06/2025 from bank account no.
59109535222666 at HDFC Bank, BSK 5th Stage Branch, Bengaluru with reference No. RRR1682590737051. The same is duly accepted and acknowledged by the Respondent.
iii) The Appellant has paid a sum of Rs.5,00,000/- (Rupees Five Lakh Only) to the Respondent by way of RTGS on 17.06.2025 from bank account no.59109535222666 at HDFC Bank, BSK 5th Stage Branch, Bengaluru with reference No.RRR1682590737326. The same is duly accepted and acknowledged by the Respondent.
iv) The Appellant has paid a sum of Rs.5,00,000/- (Rupees Five Lakh Only) to the Respondent by way of RTGS on 17/06/2025 from bank account no.33937334649 at State Bank of India, Channasandra Branch, Bengaluru with reference No.SBINR12025061789145834. The same is duly accepted and acknowledged by the Respondent."
-5-NC: 2025:KHC:21180-DB COMAP No. 563 of 2024 HC-KAR
3. The appeal is disposed of in terms of the compromise entered into between the parties. The compromise petition is therefore allowed.
4. Decree shall be drawn up in accordance with the compromise entered into between the parties.
5. The request for refund of Court fee shall be dealt with in accordance with law.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 12