IN TEE HIGH COURT OF KARNRTAKR AT BANGALORE
mnram THIS THE 29" any or JANUARY 2009;";
BEFORE
THE HON'BLE MR.JUSTICE A.s.B0?Afl§A,gt't°
CIVIL REVZSION PETITION-mO;228/20d?i§§§-Hf.'
BETWEEN:
The Manager,
Manjunatha Road Lines, t
Kurubara Sangha Building, ,.'
1"'main road, Gandhinagar, 'V:g
Bangal0re~56O 009. 'aI'_'¢ {"V{;;EETITTONER
{By sxi.K.Ramabhat,_Ad§f='
AND:
Jugraj"SGlanki}g7,"p *, ,
S/0 Bhikamchand S¢iafiki;"
Aged about 60 year3,="7
Propxiator of Mukesh Trading Co.,
No.l5, A?M.Lahe,_Qhickpet cross,
' "Eafigal6re456G e53. ...RESPQNDENT
t_{ByuSfi§;R;écpél, Adv)
.t3'Cau$es'éourt Act against the judgment and decree
tfittdétea 5.12.05 passed in s.c.No.1228/as on the
Vt*uw£ile of the I Addl.Judge, Court of Small Causes,
Rt Thi$*"C.R.P. is filed u/3.18 Of the Small
Bangalore, decreeing the Suit far recovery of
money.
J2
This C.R.P. coming on for hearing thie flay,
the Court made the following:~
ORDER
This petition is filed *aéssailihé Tutfié’
judmgment and decree péssed in ‘S.C;fiog1228[O$..:V
During the pendenoy of thiehoetition, the parties
have settled the matter.;ndia,mdmo dated 29.1.09
is filed. The memo peéde as herefifider:–
The”¥§7 petitioner oattieejhes been settled out
iiofi Court, éhd the petitioner has
.. Daiudma ____ sum of Rs.18,000/- to the
& ikeepondent by cheque bearing
‘tfpd.961842 dated 19.01.2009 drawn
’75dt’ Canara Bank, Hampankatta,
.'”Rangalore towards full and final
settlement of their claim. Hence,
it is prayed that the above
C.R.P.No.228/2007 may kindly be
dismissed as settled out of Court.
2. As per the direction of this
Hon’bie Court dated 2?.03.2GG7 the
petitioner has deposited a sum of
Rs.12,400/- before the Small Cause
Judge at Bengaluru in EX.Case
No.462/2007 and the same is kept
in interest. earning deposit. It,d
is prayed that the above deposit oi;
of Rs.12.4oo/u may kindly W-beL ffli
ordered to be refunded tot the” ”
petitioner/judgment_mdebtofH”eiohged.
with accrued inte;est_dthe;eoh%higphH
the interestV of 1ajueticeei”endnei
equity. Vi.’ A it’ h
2. Since the memo indioatee that the amount
due has been directly paid to the rgspondent, the
amount if efiy deposited by the petitioner before
the Court beioéTeheii be refunded to him. It is
needless to.mentiQfi,if the amount was deposited
in,e:N&tioneiised Bank, the petitioner would be
ientitled to interest as well.
hioJ}iLn_tefms of the memo, the petition stands
disposed G5; ‘
o Sd/-2
Judge’
umérl.