M/S Taram Pharama Private Limited vs Karnataka State Financial
2022 Latest Caselaw 10226 Kant

                          1

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 04TH DAY OF JULY 2022

                       PRESENT

 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                         AND

         THE HON'BLE MR.JUSTICE S. RACHAIAH

               MFA.No.200899/2017 (SFC)

BETWEEN:

01.    M/S. TARAM PHARMA PRIVATE LIMITED
       BY ITS MANAGING DIRECTOR
       SRI. VIDHYASAGAR S/O MAHADEVAPPA RAMPURE
       R/O: JAIDEEP NIVAS ENGINEERING COLLEGE ROAD,
       AIWA-E-SHAI, GULBARGA-585 103.


02.    SRI. SHARAD S/O MAHADEVAPPA RAMPURE
       R/O: JAIDEEP NIVAS ENGINEERING COLLEGE ROAD,
       AIWA-E-SHAI, GULBARGA-585 103.

03.    SRI. VIDHYASAGAR S/O MAHADEVAPPA RAMPURE
       R/O: JAIDEEP NIVAS
       ENGINEERING COLLEGE ROAD,
       AIWA-E-SHAI, GULBARGA-585 103.

                                          ...APPELLANTS

(BY SRI.CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

AND:
                            2

01. KARNATAKA STATE FINANCIAL
    CORPORATION NO.1/1, THIMMAIAH ROAD,
    NEAR CANTONMENT RAILWAY STATION,
    BENGALURU AND INTER ALIA ITS - 02.
    BRANCH OFFICE AT RACHAMMA
    COMPLEX, REPRESENTED BY
    ITS BRANCH MANAGER
    SRI. MALLIKARJUN KARBHARI.

02. SRI. JAIDEEP S/O MAHADEVAPPA RAMPURE
    JAIDEEP NIVAS ENGINEERING COLLEGE ROAD,
    AIWA-E-SHAI, GULBARGA-585 103.

03. SRI. SURENDRANATH S/O CHANDRASHEKHAR
    SAJJAN, RANGAMPET, SHORAPUR
    DIST: YADGIR-585 202.

04. DR. SHIVASHARNAPPA S/O SIDDAPPA
    KADHARGI H.NO.3-399/3, GAJIPURA
    GULBARGA-585 103.

05. SRI. G. SHANKAR NARAYAN MALLER
    S/O LATE K. GANESH MALLER, NO.888,
    19TH MAIN, 19TH CROSS, BSK 2ND STAGE,
    BANGALORE-70.

06. SMT. KASTURIBAI W/O SURENDRANATH SAJJAN
    RANGAMPET, SHORAPUR
    DIST: YADGIR-585 202.

07. SMT. SNEHA W/O SHARAD RAMPURE
    JAIDEEP NIVAS
    ENGINEERING COLLEGE ROAD,
    AIWA-E-SHAI, GULBARGA-585 103.


08. APURA D/O SHARAD
    JAIDEEP NIVAS ENGINEERING COLLEGE ROAD,
    AIWA-E-SHAI, GULBARGA-585 103.
                           3

09. SMT. REETA W/O DR. JAIDEEP RAMPURE
    JAIDEEP NIVAS
    ENGINEERING COLLEGE ROAD,
    AIWA-E-SHAI, GULBARGA-585 103.


10. SRI. SURAJ S/O JAIDEEP RAMPURE
    JAIDEEP NIVAS
    ENGINEERING COLLEGE ROAD,
    AIWA-E-SHAI, GULBARGA-585 103.

                                     ...RESPONDENTS


(BY SRI. SHIVANAND PATIL, ADVOCATE FOR R1,
VIDE ORDER DATED 13.09.2017 NOTICE TO R2 TO R10 IS
DISPENSED WITH)



     THIS MFA IS FILED UNDER SECTION 32 (9) OF THE

STATE FINANCIAL CORPORATION ACT, 1951 PRAYING TO

SET-ASIDE   THE   JUDGMENT    AND    DECREE   DATED

20.04.2017 PASSED BY THE LEARNED PRL. DISTRICT AND

SESSIONS JUDGE AT BIDAR IN CIVIL MISCELLANEOUS

NO.10/2011 CONSEQUENTLY BE PLEASED TO DISMISS THE

CIVIL MISC. FILED BY THE RESPONDENT NO.1.



     THIS MFA. IS COMING ON FOR ORDERS, THIS DAY,

SREENIVAS HARISH KUMAR J., MADE THE FOLLOWING:
                           4

                      ORDER

Sri. Chaitanyakumar Chandriki, learned counsel

for the appellants submits that after death of

appellants No.2 and 3, new Directors are not

appointed in their place. Since, the company is

appellant No.1 and on account of death of appellants

No.2 and 3, company has not been represented,

abatement of the appeal is recorded.

Sd/-

JUDGE

Sd/-

JUDGE

KJJ