M/S Siskin Instruments Company ... vs Julabo Gmbh
2022 Latest Caselaw 5867 Kant

                              1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 31ST DAY OF MARCH, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                             AND

           THE HON'BLE MR. JUSTICE M.G.S. KAMAL

             REGULAR FIRST APPEAL NO.250/2021
                           c/w
             REGULAR FIRST APPEAL NO.113/2022


IN RFA NO.250/2021

BETWEEN:

M/S SISKIN INSTRUMENTS
COMPANY PVT. LTD.,
REPRESENTED BY
MR GOPALAN NAGARAJAN
DIRECTOR (TECHNICAL)
AGED ABOUT 67 YEARS
OFFICE.5/5, 2ND CROSS,
MSREC ROAD, MATIKERE,
BENGALURU-560054.
Email:[email protected]
                                             ... APPELLANT

(BY SRI ABHEEK SAHA, ADV.)

AND:

1.     JULABO GMBH
       EISENBAHNSTRASSE 45, D77960,
       SEELBACH, GERMANY

2.     MR. GERHARD JUCHHEIM
                            2


     JOINT MANAGING DIRECTOR
     JULABO GMBH, EISENBAHNSTRASSE-45
     D-77960, SEELBACH, GERMANY

3.   MR MARKUS JUCHHEIM
     MANAGING DIRECTOR,
     JULABO GMBH,
     EISENBAHNSTRASSE 45,
     D-77960, SEELBACH, GERMANY
                                        ... RESPONDENTS

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W. ORDER 41 RULE 1 OF THE CPC., AGAINST THE
JUDGMENT AND DECREE DATED 21.03.2020 PASSED IN COM.OS
No.631/2014 ON THE FILE OF THE LXXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY (CCH-84)
DISMISSING THE SUIT FOR RECOVERY OF MONEY.


IN RFA NO.113/2022

BETWEEN:

1.   M/S GANESHANUGRAHA FERTILISERS
     AND CHEMICALS PRIVATE LIMITED,
     BY ITS CHAIRMAN,
     SADANAND M SADALAGE,
     AGE: 72 YEARS, R/O. RAJATAGIRI,
     DHARWAD - 580004.

2.   MRS. SAVITRI S SADALAGE
     W/O. SADANAND SADALGE,
     DIRECTOR,
     M/S GANESHANUGRAHA FERTILISERS
     AND CHEMICALS PRIVATE LIMITED,
     AGE: 70 YEARS, R/O. RAJATAGIRI,
     DHARWAD - 580004.
                                          ... APPELLANTS

(BY SRI SHEELAVANT.V.M, ADV.)
                               3


AND:

M/S INDIAN POTASH LIMITED
NO. 312, B-WING,
MITTAL TOWER,
III FLOOR, MG ROAD,
BENGALURU - 560001.
REPRESENTED BY ITS
POWER OF ATTORNEY HOLDER
SHRI. C CHANDRASHEKAR,
S/O. R SUNDARARAJAN,
SENIOR REGIONAL MANAGER,
AGE: 56 YEARS,
                                             ... RESPONDENT

     THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 30.09.2021 PASSED IN COM OS No. 7145/2008
ON THE FILE OF THE LXXXIII ADDITIONAL CITY CIVIL JUDGE
BENGALURU,PARTLY DECREEING THE SUIT FOR RECOVERY OF
MONEY.

     THESE REGULAR FIRST APPEALS COMING ON               FOR
'ORDERS' THIS DAY, G.NARENDAR J, DELIVERED               THE
FOLLOWING:


                           ORDER

Memos are preferred by the learned counsel for the

appellants seeking leave of this Court to convert the present

Regular First Appeals to Commercial Appeals.

The memos are taken on record.

The appellants are permitted to convert these Regular

First Appeals into Commercial Appeals.

For statistical purpose, these Regular First Appeals

stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

YKL CT-HR