M/S.Coramandel Infrastructure ... vs The Karnataka Neeravari Nigam ...
2021 Latest Caselaw 2258 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

       DATED THIS THE 15TH DAY OF JUNE 2021

                         PRESENT

     THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

                           AND

THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR

        COMMERCIAL APPEAL NO.100007/2019

BETWEEN:

M/s. Coramandel Infrastructure (P) Ltd.,
Formerly as Coramandel Presterete (P) Ltd.,
Rep. by its General Manager and
Authorised Signatory,
Mr. B.S. Mallikarjuna Reddy,
S/o. Rajagopal Reddy, Age 61 years,
Plot No.319, II Floor, Ayyappa Society,
Near Y.S.R. Statue, Madhapur,
Hyderabad-500018.
                                              ...Appellant

(By Shri H.R. Deshpande, Advocate)


AND:

1.     The Karnataka Neeravari Nigam Ltd.,
       Rep. by its Managing Director,
       4th Floor, Coffee Board Building,
       Dr. B.R. Ambedkar Veedhi,
       Bengaluru-560001.
                              :2:



2.    The Chief Engineer,
      KNNL Irrigation North,
      Belagavi District,
      Karnataka State-590001.

3.    Superintending Engineer,
      KNNL GLBC Circle, Jamkhandi,
      Dist.: Bagalkot,
      Karnataka State-587301.

4.    The Executive Engineer,
      KNNL, HBC Division, Athani,
      Belagavi District,
      Karnataka State-591304.

5.    The Chief Accounts Officer,
      KNNL, Walmi Building,
      Beside High Court of Karnataka,
      Dharwad, Karnataka State-580001.
                                                   ...Respondents

                         ---------


      This Commercial Appeal is filed under Section 13(1) of
the Commercial Courts, 2015 (Act No.4/2016) praying to
allow this commercial appeal by setting aside the orders on
I.A. No.1, dated 11.07.2019, in Com.OS.No.122/2019 on
the   file of the IV Addl. District and Sessions Judge
(Commercial    Court),   Ballari,     only   to   the   extent   of
disallowing the release of the amount of Rs.4,55,85,618/-
out of the total sum of Rs.5,74,32,480/- and to modify the
same by allowing the I.A. No.1 in its entirety as prayed in
the interest of justice and equity.


      This Commercial Appeal coming on for orders, this
day, Krishna S.Dixit, J, delivered the following:
                               :3:



                       JUDGMENT

In the light of the law declared by the Apex Court

in the case of Kakade Construction Company Ltd.

V. Vistra ITCL (India) Ltd. [AIRONLINE 2019 BOM

2377] & in the case of BGS SGS SOMA JV V. NHPC

Limited [(2020)4 SCC 234], the appellant has moved

this memo seeking leave of the Court to withdraw the

appeal so that he can present it elsewhere in

accordance with law. There is no objection from the

other side to the request for the leave.

In view of the above, this appeal is disposed of as

having been withdrawn keeping open all contentions of

the parties for being urged before the appropriate

Forum.

The Registry shall return the impugned Judgment

& Award after retaining a copy thereof in the file

forthwith.

It hardly needs to be stated that the period spent

in prosecuting this appeal shall be liable to be

discounted while computing the period of limitation

prescribed for filing the challenge elsewhere.

Costs made easy.

SD/-

JUDGE

SD/-

JUDGE

Vnp*