M/S Ibex Engineering Pvt Ltd vs M/S Cosmo Diesel
2021 Latest Caselaw 3845 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF NOVEMBER, 2021

                        BEFORE

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

       REGULAR FIRST APPEAL No. 1014 OF 2021

BETWEEN:

1.     M/S. IBEX ENGINEERING PVT. LTD.,
       NIDAGATTA,
       KANAKAPURA MAIN ROAD,
       BANGALORE.

CORRECT ADDRESS:

M/S. IBEX ENGINEERING PVT. LTD.,
HAVING ITS REGISTERED OFFICE
AT NO. 111/1, SOMANAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE-560 116.
REPRESENTED BY ITS MANAGING DIRECTOR,
SRIKANTH G.P.
S/O SRI PRABHAKAR G.S.


2.     MR. SRIKANTH,
       AGED ABOUT 46 YEARS,
       MANAGING DIRECTOR

PROPER DESCRIPTION

SRI. SRIKANTH.G.P.
S/O SRI. PRABHAKAR G.S.
                                             RFA No. 1014/2021
                                2


AGED ABOUT 46 YEARS,
MANAGING DIRECTOR,
M/S. IBEX ENGINEERING PVT. LTD.,

APPELLANT NO.1 AND 2 ARE REPRESENTED
BY SRI RAJESH H.R.
S/O SRI RAMAKRISHNA.B.,
AGED ABOUT 52 YEARS,
GENERAL MANAGER,
M/S. IBEX ENGINEERING PVT. LTD.,
NO.111/1, SOMANAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE-560 116.
                                    ... APPELLANTS
(BY SRI VIDYADHARA.H.N., ADVOCATE)

AND:

M/S. COSMO DIESEL,
REP. BY K.DAYANAND,
NO. 300, 4TH MAIN, 3RD STAGE,
2ND BLOCK, BASAVESHWARANAGAR,
NEAR CARMEL SCHOOL,
BANGALORE-560 079.
                                               ...RESPONDENT

       THIS        REGULAR FIRST APPEAL IS FILED UNDER
SECTION       96    OF   CPC   R/W   SECTION      13   (1-A)   OF
COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 07.08.2021 PASSED
IN     O.S.NO.5961/2019        ON    THE   FILE    OF    LXXXVI
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE
(CCH-87), DECREEING THE SUIT FOR RECOVERY OF
MONEY AND ETC.,
                                           RFA No. 1014/2021
                             3


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

Learned counsel for the appellant is physically present.

Heard his submission on the Memo for conversion

dated 27.10.2021 filed by him.

In view of the office objection raised in this matter

regarding the maintainability of the Regular First Appeal in

the matter and also in view of the fact that the appellant

has filed a Memo seeking conversion, the conversion as

prayed for in the Memo is granted.

Registry to do the needful in the matter, however,

such conversion would be subject to further scrutiny, if

any, by the Registry.

Sd/-

JUDGE

mbb