M/S Arpithadeepam vs M/S Apex Silks
2021 Latest Caselaw 5326 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 02ND DAY OF DECEMBER, 2021

                       BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR FIRST APPEAL No. 1563 OF 2018

BETWEEN:

1.     M/S ARPITHADEEPAM,
       CLOTH MERCHANTS,
       NO.193-197,
       CHICKPET MAIN ROAD,
       BANGALORE-560 053.
       REP/BY ITS PARTNER
       K.S. CHETHAN

2.     SRI CHETHAN,
       S/O LATE K.A. SUDHAKAR,
       AGED ABOUT 45 YEARS,
       NO.193-197, CHICKPET MAIN ROAD,
       BANGALORE-560 053.

3.     SMT. K.C. KAVITHA,
       W/O K.S. CHETHAN,
       AGED ABOUT 40 YEARS,
       PARTNER M/S ARPITHADEEPAM,
       NO.193-197, CHICKPET MAIN ROAD,
       BANGALORE-560 053.
                                     ... APPELLANTS

(BY SRI N.P. KALLESH GOWDA, ADVOCATE)
                                        RFA No. 1563/2018
                            2


AND:

M/S APEX SILKS,
NO. 33, 2ND FLOOR,
GANGAPPA BUILDING,
MALLIKARJUNAPPA LANE,
K.R.SETTYPET J.M. ROAD CROSS,
BANGALORE-560 002.
REP BY ITS PROPRIETOR
SRI JAGADISH.C. MEHRA,
AGED ABOUT 50 YEARS.
                                       ...RESPONDENT
(SRI PUTTARAJU C.P., ADVOCATE)

     THIS   REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 05.11.2016 PASSED IN
O.S.NO.7945/2013 ON THE FILE OF XIV ADDITIONAL CITY
CIVIL JUDGE AT BENGALURU CITY (CCH-28), DECREEING
THE SUIT FOR RECOVERY OF MONEY.

     THIS     REGULAR   FIRST  APPEAL  COMING
ON FOR ADMISSION THROUGH VIDEO CONFERENCING /
PHYSICAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:

                         ORDER

Learned counsel for the appellants is not present

either physically nor through video conference. Learned

counsel for the respondent alone is appearing through

video conference.

RFA No. 1563/2018

2. A perusal of the order sheet would go to show

that this appeal is of the year 2018. When the matter was

taken up on 23.10.2021, the learned counsel for the

appellant had remained absent and the matter was

adjourned to 10.11.2021.

3. On 10.11.2021 also, none appeared in the

matter either physically or through video conference. This

Court made the following observation on the said date:

"None appear in the matter either physically or through video conference.

The appeal is of the year 2018 and still at the stage of admission. As such, making it clear that in case, the parties fail to appear and to proceed further in the matter by the next date of hearing, the Court would pass appropriate order including dismissal of the appeal for non-prosecution.

As a last opportunity, three weeks time is granted. List the matter on 02.12.2021.

In the meanwhile, Registry to call for trial Court records on emergent basis by hand".

RFA No. 1563/2018

In spite of the above observation, the learned

counsel for the appellants has remained absent even today

also. No reasons are forthcoming for his non-appearance.

4. The appeal is at the stage of admission since

three years and the matter has not shown any progress.

As observed above, in spite of granting sufficient

opportunities also, the learned counsel for the appellants

has not appeared in the matter. As such, the Appeal

stands dismissed for non-prosecution.

Consequently, IA No.2/2018 stands disposed of, as it

does not survive for consideration.

Sd/-

JUDGE

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