St. Ann'S Education Society vs. Sri V Venkata Krishnan

Held

The Court held that the Memorandum of Settlement, executed by the appellant and respondents and presented by their respective counsels, was acceptable. The Court found no reason to reject the terms agreed upon by the parties. The reasoning was based on the parties' voluntary resolution of their dispute through mediation, signifying their mutual consent to the terms. The Court accepted the submission of the learned counsels that the appeal be disposed of in terms of the Memorandum of Settlement. Consequently, the appeal was disposed of in accordance with the settlement agreement, and the office was directed to draw up the decree accordingly. No issues were expressly left undecided.

Facts

The appellant, St. Ann's Education Society, filed a Commercial Appeal (COMAP No. 59 of 2022) before the High Court of Karnataka challenging a judgment and decree dated November 17, 2021, passed by the LXXXIV Additional City Civil and Sessions Judge, Bengaluru, in Com. O. S. No. 1453/2019. The lower court had directed the appellant to pay Rs. 23,60,000/- along with interest and costs. The appeal was referred to the Bengaluru Mediation Centre for amicable settlement. The parties subsequently resolved their dispute before the mediation centre, as evidenced by a Memorandum of Settlement.

Key Issues

1. Whether the Memorandum of Settlement arrived at between the appellant (tenant) and respondents (landlords) before the Bengaluru Mediation Centre is acceptable and should be made the basis for disposing of the appeal? The appellant argued that a settlement had been reached and prayed for the appeal to be disposed of in terms of this settlement. The respondents, through their counsel, concurred with this submission. The Court was not presented with any arguments against the settlement. The core issue was the Court's acceptance of the mediated settlement as the final resolution of the dispute, thereby obviating the need to decide the merits of the original appeal.