M.M. Anandram vs M.M. Panduranga

N.K. Patil, J.—This appeal arises out of the impugned Order dated 25th August 2014, passed in A.A. No. 14/2014, by the XXV Additional City Civil and Sessions Judge, Bangalore City (CCH-23), allowing the petition filed under Section 9 of the Arbitration and Conciliation Act, 1996.

We have heard the learned counsel appearing for appellants and learned counsel appearing for respondents. The appellants and respondents are present before the Court and their presence is placed on record.

Learned counsel appearing for both the parties, during the course of submission, submitted that the instant appeal may be disposed of as per the terms and conditions of the compromise petition dated 12th December 2012, filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908.

Their submission is placed on record.

The compromise petition dated 12th December 2014 duly signed by the appellants and respondents and attested by the learned counsel appearing for the respective parties is placed on record. The terms and conditions of the compromise petition read thus:

"The Appellants and the respondents above named most respectfully submit that the parties have entered into negotiations during the pendency of this proceeding, at the instance of this Hon''ble Court and have now mutually agreed on the terms on which the present dispute shall be resolved and settled. The agreement arrived at by the parties is as under:

The parties agree that the determination of the money due to respondent No. 1 towards settlement of his claim and interest in the dissolved partnership firm of M/s. Premier Coffee Plantations (firm) will be adjudicated by arbitration. Mr. Jatin Christopher, Chartered Accountant, of Jain, Christopher Srikanth and Srikanth, having its office at 20, 2nd Floor, Uniworth Plaza, Sankey Road, Bangalore-20 is appointed by consent of both parties as the Arbitrator to adjudicate the dispute relating to the settlement of the claim and interest of the 1st respondent.

The properties listed in the schedule shall stand attached by this Hon''ble Court, in this proceeding, until the conclusion of Arbitration Proceedings and thereafter until the payment in full of all money due and payable to the 1st respondent in terms of the award of the Arbitrator.

The Parties shall give effect to and do all such things as may be essential to give effect to the attachment of the properties listed in the schedule and undertake that they shall not act in derogation of the same.

The parties will bear their respective costs in this proceeding.

The terms of this compromise shall stand substituted for the order of the City Civil Court Bangalore dated 25/08/2014 in A.A. No. 14/2014. Accordingly it is agreed that this appeal shall be allowed in terms of this settlement and compromise, recorded by the parties.

Wherefore the appellants and the respondents respectively pray that this appeal may be allowed in terms of this compromise petition, in the interest of justice and equity.

SCHEDULE

Item 1:

All that piece and parcel the moveable and immoveable properties situated in the coffee estate known as the "Hospet Estate", including cultivated land and jungle, totally admeasuring about 305 Acres and 35 Guntas situated at Togarihankal Village, Chikkamanglur District, Chikkamangalur.

Item 2:

All that piece and parcel the moveable and immoveable properties situated in the coffee estate known as the "Attigere Estate", including cultivated land and jungle, totally admeasuring about 447 Acres 31 Guntas situated at Togarihankal Village & Attigere Village, Chikkamanglur District, Chikkamangalur.

Item 3:

All that piece and parcel the moveable and immoveable properties situated in the coffee estate known as the "Sambarcool Estate", including cultivated land and jungle, totally admeasuring about 96 Acres 1 Gunta situated at Attigere Village, Chikkamanglur District, Chikkamangalur.

Solemnly affirmed on this 12th day of) December, 2014, at Bangalore."

In terms of the aforesaid compromise petition and also the submission of the parties, the appeal filed by appellants stands disposed of and the impugned judgment and decree dated 25th August 2014, passed in A.A. No. 14/2014, by the XXV Additional City Civil and Sessions Judge, Bangalore City (CCH-23) stands modified to the aforesaid extent.