Sri. B Balakrishna Bandari vs M/S Iron And Steel Industrial
2021 Latest Caselaw 2006 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 27TH DAY OF MAY 2021

                        BEFORE

           THE HON'BLE MR. JUSTICE M.I.ARUN

                 RFA No.146 OF 2017

BETWEEN:

SRI B BALAKRISHNA BANDARI
S/O LATE CHIKKAYA BANDARI,
AGED ABOUT 70 YEARS,
PROPRIETOR,
M/S. SHREE MATHA TRANSPORT,
M/S. NATIONAL TRANSPORT CO.,
S.S.TOWERS, KULAI-574 196.

                                         ...APPELLANT

(BY SRI. HARISH.H.V., ADVOCATE)

AND

1.     M/S IRON AND STEEL INDUSTRIAL
       CONSUMERS CO OPERATIVE SOCIETY LTD.,
       NO.6 & 7 INDUSTRIAL TOWN,
       RAJAJINAGAR, BANGALORE-560 044
       REP. BY ITS PRESIDENT
       SRI.NANDA KUMAR
       S/O GANGADHARAN,
       AGED ABOUT 49 YEARS.

2.     THE GENERAL MANAGER
       M/S. KUDUREMUKH IRON & STEEL CO. LTD.,
       PANAMBUR, MANGALORE-575010
                         2




3.   SRI.HARISH
     S/O NOT KNOWN,
     AGED ABOUT 68 YEARS,
     PROPRIETOR,
     M/S. GANESH ROADWAYS,
     TRANSPORT CONTRACTOR & COMMISSION AGENT,
     PANAMBUR MANGALORE.

4.   SRI ADINARAYANA
     S/O SRI RAMASWAMY
     AGED ABOUT 69 YEARS,
     NO.47, 11TH CROSS, 3RD MAIN ROAD,
     ADUGODI,
     BANGALORE-560 030.

                                  ... RESPONDENTS

(BY SRI.S.K.SRINIVAS, ADVOCATE FOR R1-ABSENT;
    SRI.SHANKARLINGAPPA NAGARAJ, ADVOCATE FOR
    R2- ABSENT;
    SRI.KETHAN KUMAR, ADVOCATE FOR R3-ABSENT;
    VIDE ORDER DATED 18.12.2019 R4 NOTICE
    DISPENSED WITH.)


     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
1908 AGAINST THE JUDGMENT AND DECREE DATED
04.02.2012 PASSED IN O.S.NO.4786/2007 ON THE FILE
OF THE 42ND ADDL.CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FOR RECOVERY OF
MONEY.

     THIS RFA COMING ON FOR ORDERS, THIS DAY,
THROUGH    VIDEO    CONFERENCING THE   COURT
DELIVERED THE FOLLOWING:
                            3




                     JUDGMENT

Learned counsel for the appellant submits that the

judgment and decree passed by the trial Court has

already been executed and hence the appellant is not

interested in pursuing the appeal and seeks to withdraw

the appeal memorandum. He further undertakes to file

a memo in this regard.

2. None appears for respondents.

3. In the light of the withdrawal of the appeal

and the decree being satisfied, the appellant prays for

waiving of the cost of Rs.5,000/- imposed on him.

4. The submission of learned counsel for the

appellant is placed on record.

4. Based on the above submission the appeal is

hereby dismissed as withdrawn.

5. The cost of Rs.5,000/- imposed on the

appellant by order dated 05.03.2021 is hereby waived

off.

Office to verify and refund the Court Fee to the

appellant, if he is so entitled, in accordance with law.

Sd/-

JUDGE

ag