K. Chandrashekar Rao vs Nagesha Rao

N.K. Patil, J.—The Appellant, being aggrieved by the impugned judgment and decree dated 22nd March 2003 passed in O.S. No. 5627/1998 by the XIX City Civil and Sessions Judge, Bangalore, has presented this appeal.

We have heard learned Counsel appearing for Appellant and learned Counsel appearing for Respondent, for considerable length of time.

Both the parties herein are former employees of HAL and both of them have retired. Therefore, having regard to the age and status of the parties and the nature of transactions between them and to put an end to the litigation, suggestions were made to settle the matter amicably.

Accordingly, after due deliberation in the matter, having regard to the facts and circumstances of the case, learned Counsel appearing for the parties have filed a joint memo dated 3rd March 2011, duly signed by the respective advocates and attested by the Respondent, who is present before the Court, stating that the matter is settled in full and final settlement of the claim of both parties at a sum of Rs. 4,15,000/-(Rupees Four Lakhs Fifteen Thousand Only) inclusive of interest. The same is placed on record.

In the light of the statements made in the joint memo and also the submission of the learned Counsel for the parties, the appeal filed by Appellant is disposed of, modifying the impugned judgment and decree for a sum of Rs. 4,15,000/- (Rupees Four Lakhs Fifteen Thousand Only) inclusive of interest in full and final settlement of the claim. Ordered accordingly.

The Respondent herein is permitted to withdraw the amount deposited by the Appellant before the ING Vysya and the Manager of the said Bank is directed to pay the matured amount to the Respondent, personally or through his counsel, immediately.

Out of the remaining sum of Rs. 1,15,000/-, the Appellant is directed to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) within two weeks from the dale of receipt of a copy of this judgment and remaining sum of Rs. 65,000/- (Rupees Sixty Five Thousand Only) is directed to be paid within two months from the date of receipt of copy of the judgment and decree.

In view of settlement between the parties, Registry is directed to refund full court fee. in accordance with law.

Further, in view of disposal of the main appeal itself, the prayer sought in Misc. Cvl.3275/2011 does not survive for consideration and is therefore dismissed as having become in fructuous.