M/S Karnataka State Industrial vs M/S Madura Coffee Curing Works
2021 Latest Caselaw 6381 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17TH DAY OF DECEMBER, 2021

                         PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                           AND

         THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

     MISCELLANEOUS FIRST APPEAL No.5721/2016 (SFC)

BETWEEN:

M/S KARNATAKA STATE INDUSTRIAL
INVESTMENT AND DEVELOPMENT
CORPORATION LTD.,
NO.49, 4TH FLOOR, EAST WING,
RACE COURSE ROAD,
BENGALURU-560 001,
REPRESENTED BY ITS,
ASSISTANT GENERAL MANAGER,
SMT.S.R.SHAKUNTHALAMMA.                    ...APPELLANT

(BY SRI V. F. KUMBAR, ADVOCATE)

AND:

1.     M/S MADURA COFFEE CURING WORKS
       PRIVATE LIMITED,
       MADURA ESTATE,
       VIA ARECAD POST,
       SIDDAPURA MADIKERI TALUK,
       COORG DISTRICT-571253,
       REPRESENTED BY ITS
                                 2




     MANAGING DIRECTOR,
     SHRI. K.M.SHARATH.

2.   SRI. K.M.SARATH,
     S/O SRI. K.M.MEDAPPA,
     MAJOR,
     R/A NO.95/4, MADURA ESTATE,
     VIA ARECAD POST, SIDDAPURA,
     MADIKERI TALUK-571253.

3.   SRI. BETTS E WARUNNY
     S/O SRI. WARUNNY,
     MAJOR,
     R/A BAVA ESTAE,
     KADAGADALLI POST,
     VIA CHETTALLI, MADIKERI,
     COORG DISTRICT-571248.              ...RESPONDENTS

(BY SRI R. VIJAYA KUMAR, ADVOCATE FOR R3;
VIDE ORDER DATED 22.10.2021 NOTICE TO R1 AND R2 IS HELD
SUFFICIENT)
                             ....

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 32(9) OF STATE FINANCIAL CORPORATION ACT AGAINST
THE ORDERS DATED 1.10.2015 PASSED IN CIVIL MISC. PETITION
NO.4/2007 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, KODAGU, MADIKERI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND ENHANCEMENT OF
COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, B.VEERAPPA J., DELIVERED THE
FOLLOWING:
                                    3




                              JUDGMENT

In pursuance of the order dated 17.11.2021 passed by this

Court, Sri V.F. Kumbar, learned Counsel for the appellant fairly

submits that the appellant has already filed Execution Petition to

implement the impugned order passed by the trial Court against

respondent Nos.1 and 2 jointly and severally. In view of the said

fact, the present miscellaneous first appeal filed only against

respondent No.3 does not survive for consideration. The said

submission is placed on record.

2. In view of the above, we pass the following:

ORDER

i) Miscellaneous First Appeal is disposed off as not maintainable;

ii) Liberty is reserved to the appellant to pursue the Execution Petition filed before the trial Court against respondent Nos.1 and 2.

Sd/-

Judge

Sd/-

Judge Nsu/-