High Court Karnataka High Court

The Manager vs Jugraj Solanki on 29 January, 2009

Karnataka High Court
The Manager vs Jugraj Solanki on 29 January, 2009
Author: A.S.Bopanna
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.